THE MEDIATION
AND ARBITRATION
SPECIALISTS
Juris Resolutions
The Mediation & Arbitration Specialists
T: +44 (0)28 9042 9983
E: casemanager@jurisresolutions.com
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MEDIATION CONFIDENTIALITY AGREEMENT
[To be signed at the mediation by all persons attending.]
DATE:
This agreement is made on _________ ___________ , ___________, between:
PARTIES
____________________________________________
____________________________________________
____________________________________________
____________________________________________
Additional party names and addresses should be included on an attached page.
(” The Parties “)
and
[____________________________],
(” The Mediator “)
PURPOSE
A dispute has arisen between the parties and they have agreed to attempt to resolve it through mediation under the auspices of the Mediator. The dispute concerns the following:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Each attendee should print and sign their name below and indicate the party on whose behalf they are attending:
Print Name Signature Party
________________________ ___________________ _________________
________________________ ___________________ _________________
________________________ ___________________ _________________
________________________ ___________________ _________________
________________________ ___________________ _________________
________________________ ___________________ _________________
________________________ ___________________ _________________
________________________ ___________________ _________________
By signing this agreement each attendee agrees to be bound by the terms of this agreement set out below and, further, that in consideration of being permitted to attend the mediation they will be personally bound by the ‘without prejudice’ nature of the mediation and the confidentiality provisions of the mediation.
TERMS OF THE MEDIATION AGREEMENT
- The Mediator acts as an independent contractor and does not act as servant or agent of Juris Mediation & Arbitration Ltd. (“Juris”).
- The Parties agree to use their best endeavours to resolve the dispute by mediation and acknowledge the appointment of the Mediator for that purpose.
- Each party represents that he/she is or has, in attendance at the mediation, a person with full authority to settle the dispute.
- No responsibility attaches either to Juris or to the mediator regarding any aspect of the conduct of the mediation.
- The parties agree that:
- All matters arising during or out of the mediation are confidential and shall be treated as such by each party and each attendee.
- Except in so far as disclosure is necessary to implement and enforce a settlement agreement, the parties and all attendees will keep confidential all statements and information, whether oral or written, disclosed at the mediation, including the terms of any settlement agreement;
- Except as required by law or to enforce any mediation agreement,
- What is said and done at the mediation is private, privileged and without prejudice and will be inadmissible in evidence in any current or future litigation or related proceedings;
- All written materials prepared or produced for the purposes of the mediation by any participant, including the mediator, will be inadmissible and not subject to discovery in any arbitration, legal or other proceedings except that evidence that is otherwise admissible or discoverable shall not become inadmissible or non-discoverable by reason of its use in connection with the mediation; and
- Neither the Mediator nor any representative of Juris will be called as a witness by the Parties in any future proceedings relating to the dispute which is the subject of the mediation.
- Any settlement agreed at or as a result of the mediation shall not be valid or enforceable until reduced to writing and signed by or on behalf of the parties.
- The parties and, if desired, their representatives shall attend the mediation. No one else may attend without the permission of the parties and the consent of the mediator.
- During the mediation, the mediator may have joint and separate meetings with the parties and their representatives. If a party informs the mediator that information is being conveyed to the mediator in confidence, the mediator will not disclose the information.
- If a party wishes to terminate its participation for any reason, it may do so by giving notice to the mediator and the other parties. The parties will continue to be bound by the confidentiality provisions of this agreement and will also continue to be bound by their agreement to pay for the services of the mediator and Juris.
- The parties and attendees confirm that they have disclosed any past or present relationship or other information that a reasonable person would believe could influence the mediator’s impartiality and that no conflict of interest or appearance of a conflict of interest exists.
- The role of the mediator is confirmed as follows:
- The mediator acts only as a mediator and not in any other professional capacity and does not give legal or professional advice to any of the parties. It is for the parties to evaluate and decide what weight should be given to any opinions expressed by the mediator on any issues.
- The mediator is not under any duty to make or require independent enquiries or to undertake independent verification in relation to any question or other matter arising from the mediation process.
- Where a conflict of interest on the part of the mediator becomes apparent during the course of the mediation, the mediator must immediately inform the parties and will withdraw if either party so requests.
- The mediation will continue until agreement is reached but it will be discontinued if any party withdraws from the mediation or the mediator forms the opinion that in all the circumstances the mediation is unlikely to resolve the dispute or that it would not be productive to proceed with the mediation.
- If an agreement is reached the parties will prepare and sign a settlement agreement. The terms and preparation of the settlement agreement are a matter solely for the parties.
- If the mediator chooses to assist in the preparation of any settlement agreement, it is on the understanding that the mediator is a volunteer who owes no duty of care to anyone and no liability for the content or effect of the agreement.
- The parties undertake to be legally bound by the settlement agreement and to give effect to the terms thereof.
- Each of the parties reserves their respective rights in the dispute if the mediation does not result in a settlement agreement.
- Neither Juris nor any appointed mediator will be liable to the parties for any act or omission arising out of or in connection with this agreement.
- This Agreement is subject to the laws of [tick the applicable box]
Northern Ireland [ ]
Republic of Ireland [ ] - In the event of any dispute relating to the interpretation, meaning, existence, effect or enforcement of any settlement reached during the mediation, the parties will attempt to resolve that dispute by mediation, failing which the courts of the jurisdiction where the mediation took place shall have exclusive jurisdiction to adjudicate such dispute.
Signed:
_______________________________ ________________
Party: _______________________
_______________________________ ________________
Party: _______________________
Signed:
_______________________________ ________________
