Mediation Agreement (Page 4 of 7) in pdf

Mediation Agreement Page 4

Mediation Agreement

ENFORCEMENT OF SETTLEMENT AGREEMENTS

21.

A party seeking to enforce a settlement agreement made at the mediation may call

evidence of entry into the agreement, including evidence from the mediator and from

any other person present at the mediation.

INDEMNITY AND EXCLUSION OF LIABILITY

22.

The parties agree that the mediator will not be liable to any party for any act or

omission in the performance of the mediator’s duties and obligations under this

agreement, unless the act or omission is fraudulent.

23.

The parties, together and separately, indemnify the mediator against any claim for any

act or omission in the performance of the mediator’s duties under this agreement,

unless the act or omission is fraudulent.

THE COST OF THE MEDIATION

24.

The parties will pay the Mediator's fees set out in the terms of engagement found at

25.

Unless the parties agree otherwise, they will share equally all the fees and costs of the

mediation. These costs are to be paid within seven days of the mediation, however the

mediator may request estimated fees to be paid prior to the mediation.

Any

outstanding fees and costs attract interest at the rate of 2% per month or part thereof.

TERMINATION OF THE MEDIATION

26.

A party may terminate its involvement in the mediation at any time but only after

consultation with the mediator.

The mediator may terminate the mediator’s involvement in the mediation if, after

27.

consultation with the parties, the mediator feels unable to assist the parties to achieve

resolution of the Dispute.

Mediation Agreement Page 4