Common use of The Mediation Clause in Contracts

The Mediation. 3.1. The Mediation will take place on [X]day Yth Z 201[2] at [address] and is scheduled to start at (insert time). 3.2. During the Mediation, the Mediator may meet with each Party (or some or all of their representatives) alone in private meetings or together with the other Party (or some or all of its representatives) in joint meetings. The Mediator will meet in private meetings and joint meetings as frequently as the Mediator considers appropriate. 3.3. The Parties, their representatives and the Mediator may make brief notes of what is said in the Mediation. Such notes must be kept confidential at all times and cannot be reproduced for use in litigation. No transcript or other recording of the Mediation shall be made. 3.4. Any Party may terminate its involvement in the Mediation at any time, but only after discussing such an intention with the Mediator and allowing the Mediator to give such notice to any other Party. 3.5. Should the Mediator at any time conclude that continuing the Mediation is unlikely to be beneficial to the Parties, the Mediator may, after consultation with each Party, bring the Mediation to a close earlier than anticipated. 3.6. If settlement of most or all of the issues between the Parties can be agreed, then the Heads of Agreement must be written and all Parties must sign this Agreement to evidence their consent to such terms. Such an Agreement will necessarily include which Legal Representative(s) will be responsible for formalising this Agreement for the purpose of requesting a Court or Tribunal to make an Order to enforce the agreed terms. 3.7. If settlement is not reached but the Parties agree to try to continue to resolve the dispute by way of Mediation, the Mediation will be adjourned to a date and venue convenient to the Parties and the Mediator.

The Mediation. 3.1. The Mediation will take place on [X]day Yth Z 201[2] (insert date) at [address] (insert venue) and is scheduled to start at (insert time). 3.2. During the Mediation, the Mediator may meet with each Party (or some or all of their representatives) alone in private meetings or together with the other Party (or some or all of its representatives) in joint meetings. The Mediator will meet in private meetings and joint meetings as frequently as the Mediator considers appropriate. 3.3. The Partiesparties, their representatives and the Mediator may make brief notes of what is said in the Mediationmediation. Such notes must be kept confidential at all times and cannot be reproduced for use in litigation. No transcript or other recording of the Mediation shall be made. 3.4. Any Party may terminate its involvement in the Mediation at any time, but only after discussing such an intention with the Mediator and allowing the Mediator to give such notice to any other Party. 3.5. Should the Mediator at any time conclude that continuing the Mediation is unlikely to be beneficial to the Parties, the Mediator may, after consultation with each Party, bring the Mediation to a close earlier than anticipated. 3.6. If settlement of most or all of the issues between the Parties can be agreed, then the Heads of Agreement must be written and all Parties parties must sign this Agreement agreement to evidence their consent to such terms. Such an Agreement will necessarily include which Legal Representative(s) will be responsible for formalising this Agreement agreement for the purpose of requesting a Court or Tribunal to make an Order to enforce the agreed terms. 3.7. If settlement is not reached but the Parties agree to try to continue to resolve the dispute by way of Mediation, the Mediation will be adjourned to a date and venue convenient to the Parties and the The Mediator.