Mediation Agreement (Page 2 of 7) in pdf

Mediation Agreement Page 2

Mediation Agreement

5.2

impose an outcome on any party; or

5.3

make any decision for any of the parties.

The mediator can meet with the parties jointly and/or separately, as the mediator

determines.

CONFLICT OF INTEREST

The mediator must, before the commencement of the mediation, disclose to the parties,

to the best of the mediator’s knowledge, any prior association with any of the parties as

well as disclose any interest in the Dispute.

If in the course of the mediation the mediator becomes aware of any circumstances

that might reasonably be considered to affect the mediator’s capacity to act impartially,

the mediator must inform the parties of those circumstances and the parties may agree

that the mediator may continue to mediate.

CO-OPERATION OF THE PARTIES

Each party agrees to take part in the mediation in good faith.

10.

Each party will comply with the reasonable requests and directions of the mediator in

relation to the conduct of the mediation.

PRE-MEDIATION MEETING

11.

As part of the mediation, the mediator may conduct a pre-mediation meeting in order to

establish a timetable and procedure for the conduct of the mediation.

12.

Unless the parties and the mediator agree otherwise, the parties and their

representatives who are to attend the mediation are expected to attend the pre-

mediation meeting.

AUTHORITY TO SETTLE AND REPRESENTATION AT THE MEDIATION

13.

Each party must have in attendance at the mediation a person or persons who will

have the ultimate authority to settle the Dispute. If that is not reasonably practical, the

mediator and other parties are to be notified prior to the mediation and each party must

then have in attendance at the mediation a person with sufficient authority to

recommend to the ultimate decision maker whether or not and in what manner to settle

the Dispute, and whose recommendation is likely to be accepted.

14.

Each party can, with the consent of the mediator, attend the mediation with one or

more persons to assist or advise the parties.

Mediation Agreement Page 2