Common use of The Mediation Clause in Contracts

The Mediation. 2.1 The Mediation will take place on [date] starting at 10:30 am at [venue], commencing with introductions of those attending. Thereafter the Mediator will direct the procedure, and in so doing will have regard to the intent that the Mediation shall if practicable conclude not later than 7 pm. 2.2 The Mediation, including all preliminary steps, shall be conducted in such manner as the Mediator considers appropriate having regard to the nature and circumstances of the Disputes and the goal of an efficient and expeditious resolution to the Disputes having taken account of the views of each Party. 2.3 Each Party shall, no later than 5 pm on [date – usually 1 week before the mediation], unless otherwise agreed with the Mediator, send to the Mediator and to the other Party copies of all relevant documents (if possible, these should be in an agreed bundle) and a position statement. Each Party may send to the Mediator and/or bring to the Mediation any further documentation which it wishes to disclose in confidence to the Mediator but not to any other Party. 2.4 Before the date of the Mediation, the Mediator shall read all the documents and position statements sent to him and the Mediator may communicate with any Party or all of the Parties if requested or if the Mediator decides at his sole discretion that this is appropriate. 2.5 Each Party will use its best endeavours to comply with reasonable requests made by the Mediator to promote the efficient and expeditious resolution of the Disputes. 2.6 If a Party is a natural person, that Party must attend the Mediation meetings unless otherwise agreed between the Parties. If a Party is a Partnership, it must be represented by a Partner or other individual with full authority to make binding agreements settling the disputes. If a Party is not a natural person it must be represented at the Mediation meetings by an officer or employee with full authority to make binding agreements settling the Disputes. 2.7 Each Party must also appoint a legally qualified person or persons actively to assist and advise the Party in the Mediation and to perform such role or roles in the Mediation as the Party and the Mediator requires. No later than 48 hours before the Mediation, the Parties will provide the Mediator, and the other Party, with the names of those persons who will be attending the Mediation. 2.8 The Mediator shall chair and determine the procedure of the Mediation. 2.9 The Mediator may: (a) issue such instructions as he considers to be appropriate; and (b) meet as frequently as the Mediator decides is appropriate during the course of the Mediation with the Parties together or with a Party alone (including with one or more individuals making up that Party’s representation) and in the latter case the Mediator need not disclose the fact of that meeting to the other Party; and (c) assist the Parties in drawing up any written settlement agreement. 2.10 All documents and copies of documents produced by either of the Parties to the Mediator will be returned at the end of the Mediation. 2.11 The Mediator may communicate with a Party or the Parties orally or in writing. 2.12 If the disputes shall be unresolved at the end of the day or days on which the Mediation takes place, the Mediation may be adjourned to such time and place as the Parties and the Mediator agree.