Mediation agreement draft
MEDIATION AGREEMENT
The undersigned :
Mediator :
.....................................
and
Party A : Legal advisor (lawyer/representative) (in the case of an administrative authority or legal person :herein represented by)
....................................... ..........................................
and
Party B : Legal advisor (lawyer/representative) (in the case of an administrative authority or legal person :herein represented by)
....................................... .......................................
1. Mediation 1.1 Parties have decided to resolve the existing dispute between them by means of mediation. The mediator shall act exclusively as strictly neutral intermediaries between the parties. They shall, in principle, provide no information about the substance of the dispute to parties and shall not advise them on this, unless they agree otherwise. 1.2 During the mediation parties may, if they desire, obtain information or be assisted by an expert or an adviser. 1.3 The issue to be resolved by means of mediation can be briefly described as : ..........................................'
2. NMI regulations This mediation shall be governed by the rules of the Netherlands Mediation Institute (NMI) applicable at the time of signing this contract, in particular the NMI regulations. These regulations are part of this agreement. The parties declare that they have received a copy of these NMI mediation rules.
3. Best endeavours The mediator and parties shall use their best endeavours to bring the mediation to a satisfactory conclusion.
4. Rules of the mediation The mediator and parties shall in any event observe the rules of the NMI rules. These rules shall also apply if and as soon as other persons take part in the mediation, when a decision to this effect is taken (see clause 1). The key arrangements are in any event :
4.1. Voluntariness Parties take part voluntarily in the mediation. The mediator or each of the parties may withdraw from the mediation at any desired moment. If they terminate the mediation they undertake to do so only during a joint meeting.
4.2. Confidentiality The mediation is confidential, unless the mediator and parties make other arrangements about this in writing. Any person who is present during a mediation or part of a mediation is obliged to observe confidentiality. Such confidentiality shall be observed in respect of every third party, including for example judges or arbitrators. If the mediation cannot be kept confidential - or can be kept only partly confidential - owing to statutory obligations, separate agreements about this shall be made between the mediator and parties and added as an annexe to this contract. The mediator and parties agree that they will not call each other as witnesses regarding the mediation or the progress of the mediation. Where appropriate, the arrangements about secrecy shall also be imposed by the mediator and parties on their representatives (e.g. a lawyer).
4.3. Procedure The mediator and parties shall attend each mediation meeting in person or shall be represented at such a meeting by a duly appointed representative. If necessary, a written authorization shall be handed to the mediators and the other party. The mediation shall in principle last for a maximum of three months. All judicial proceedings concerning the dispute shall be suspended at the beginning of the mediation and no new proceedings shall be started. Parties shall inform each other and the mediators about this at the beginning of the mediation. The mediation shall end with a final meeting. The result of the mediation shall be recorded in writing and, if it ends without agreement, arrangements about what information from the mediation may or may not be subsequently used and how any current proceedings shall be continued shall, where applicable, be recorded in writing. The monitoring forms shall then be completed and handed to the mediators.
4.4. Without prejudice During the mediation parties may freely make oral and written proposals or take positions without thereby committing themselves. Only written agreements signed by both parties can create new obligations. 4.5. Arrangements When interim arrangements are made, parties shall be bound by them only if these interim agreements have been recorded in writing and it is stated that parties are legally bound by the arrangement either at the same time as the final agreement or earlier. The mediator shall in that case sign the document as seen', i.e. in confirmation that they have seen it. If the mediation ends with an agreement, the result shall be properly recorded in writing. The mediator shall supply parties with the necessary information about the nature of these arrangements (e.g. whether there is a settlement agreement). In either case parties are entitled to a period of deliberation and to discuss the arrangements with their adviser (for example, their lawyer) before signing. The settlement agreement may, if desired, be laid down in the minute or judgment in accordance with the directions of the mediator.
4.6. Fee and costs The fee of the mediator shall be .......,....... (incl. 19% VAT) per hour. If other costs are incurred the mediator shall inform parties of this beforehand. The first 2 ½ hours of the mediation calculated from the signature of the mediation contract shall be free of charge for parties. Each of the parties shall bear half of the fee for subsequent hours (or such other arrangement as may be made). A different arrangement shall apply to persons entitled to legal aid.
This agreement shall be exclusively governed by Dutch law.
Agreed upon and drawn up in < number of copies > plicated and signed.
at ......................................... on ......................................
Mediator :
.....................................
Party A : Legal advisor (lawyer/representative)
...................................... .......................................
Party B : Legal advisor (lawyer/representative)
........................................ ........................................
Previous 