This Agreement is made the day of 2017
[Party A] of [ ] (“Party A”)
[Party B] of [ ] (“Party B”)
[Party C] of [ ] (”Party C”)
MALCOLM TAYLOR c/o 36 Bedford Row Ltd, 36 Bedford Row, London WC1 (the “Mediator”)
The Parties are involved in the Dispute and have appointed the Mediator to undertake a Mediation to seek to facilitate a settlement of that Dispute. The Mediator was appointed by the Parties on or about the Appointment Date, by means of the Appointment Communications and a date and venue has been agreed for the Mediation Session and the Mediators fees and expenses have been agreed, all as set out below.
The Parties have agreed to be bound by the (mediation) Rules, which are incorporated herein.
NOW IN CONSIDERATION of the mutual promises and obligations herein set out it is agreed as follows:-
In this Agreement words and phrases defined in the Rules shall have the meanings therein set out and in addition the following words and phrases shall have the following meanings:-
“Agreement” - means this Mediation Agreement (together with all Annexes, Schedules and additions) as from time to time amended, together with and incorporating the Rules;
“Appointment Communications” – shall mean the written communications (whether in letter form, email, text or any other means of written communication) between the Mediator and each Party, whereby such Party confirmed the appointment of the Mediator to undertake the Mediation and agreed to be bound by the Rules;
“Appointment Date” - shall mean the date referred to in Clause 3 below, or, in the absence of any such specific date, the date upon which all parties finally agreed to be bound by the Rules and formally to appoint the Mediator to undertake the Mediation;
“Dispute” - means the Dispute between the Parties, brief details of which are set out in Schedule 1 hereto;
“Fees” - means the fees and expenses of the Mediator for undertaking the Mediation (including, where appropriate, the Fixed Fee and any subsequent additional fees and all agreed expenses);
“Fixed Fee” means the sum due and payable by the Parties (in aggregate ) to the Mediator to undertake the Mediation Session, as set out in Clause 3 below;
“Mediation” - means the mediation to be undertaken by the Mediator pursuant to this Agreement and to consist of the Mediation Session and such further time or application as may be agreed by the Parties;
“Mediation Session” – shall mean the initial fixed period for the Mediation as set out in Clause 3 below;
“Party” and “Parties” - shall mean one or more (as the case may be) of the parties to this Agreement;
“Rules” - means the standard Mediation Rules adopted and imposed by the Mediator (as amended from time to time) as then currently set out in the Mediator’s website (www.malcolmtaylorconsultancy.com) and which (a) have been brought to the attention of all the Parties and (b) copies of which are attached hereto as Appendix 1.
2. Agreement to Mediate and Incorporation of Rules
The Parties have agreed to seek a settlement of the Dispute by mediation and have appointed the Mediator to seek to facilitate the same in accordance with this Agreement and the Rules and the Parties have agreed to pay the Mediator’s Fees for so doing. The Parties expressly acknowledge and agree that the Rules have been in full force and effect since the Appointment Date and have been (and are) incorporated into this Agreement by reference, mutatis mutandis and that the Parties have been and are bound by the same. In the event of any discrepancy, inconsistency or conflict between the terms of this Agreement and the terms of the Rules, the former shall prevail.
3. Details of the Mediation
The Parties have agreed as follows:-
The Appointment Date was and shall for all purposes be deemed to have been [DATE].
The Mediation Session will take place on [DATE] between the hours of [ and ].
The Venue for the Mediation Session will be [Address]. [The Parties have arranged the venue/The Mediator has, at the request of the Parties, arranged the Venue] [and/but] the Parties are fully responsible for all fees and expenses incurred in the venue hire and the provision of any refreshments or facilities relating thereto.
The Fixed Fee for the Mediation Session is [£ ] (plus VAT if applicable).
The fees for any time spent by the Mediator following on from or in addition to the Fixed Fee shall be calculated on an hourly basis at the rate of [£ ] per hour (plus VAT if applicable).
The Parties shall be represented at the Mediation by the following people:-
PARTY A- [ ]
PARTY B- [ ]
PARTY C- [ ]
4. Authority to Settle
The Parties agree and severally represent and warrant to each other and to the Mediator that they will attend the Mediation themselves and/or will be represented at the Mediation (in all instances) such that the person(s) in attendance shall have full authority and power to settle the Dispute on behalf of such Party and to execute any form of settlement agreement or other binding documentation should the Mediation be successful in concluding a settlement of the Dispute.
5. Confidentiality and Without Prejudice
The Parties agree and severally represent and warrant to each other and to the Mediator that they or their representative signing this Agreement is/are able to confirm, agree and bind such Party to the confidentiality and “without prejudice” provisions of the Rules.
6. Human Rights
The Mediation does and shall not affect any rights that any of the Parties may have under Article 6 of the European Convention of Human Rights. The Parties’ rights to a fair trial are unaffected if the Dispute is not settled at the Mediation.
7. Contracts (Rights of Third Parties) Act 1999
No person or entity that is not a party to this Agreement shall be able or entitled to enforce or rely upon any of the terms or provisions hereof by reason of the Contracts (Rights of Third Parties) Act 1999 (or otherwise) and the terms of such Act shall be (and hereby are) excluded.
8. Law and Jurisdiction
This Agreement shall be governed by, construed and take effect in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to settle any claim dispute or matter which may arise out of or in connection with this Agreement.
9. Special Conditions
[Set out, if any.]
IN WITNESS whereof this Agreement has been executed the day and date first written above.
For and on behalf of [PARTY A]
For and on behalf of [PARTY B]
For and on behalf of [PARTY C]
For and on behalf of MALCOLM TAYLOR
[Brief details of the dispute and the amount in issue]
[Copy of the Rules]