Procedure

Home/Procedure
Procedure 2018-12-17T18:44:01+00:00

Between the following parties namely, collectively known as “the Parties”, and

  1. Mr Awani Choudhary (“the Mediator”)

hereby agree to mediate their dispute on the following terms and conditions:

  1. Mediation Procedures
  • The mediation shall be held according to this Agreement to Mediate (Mediation Agreement).
  • The mediation is “without prejudice” and any settlement reached in the mediation will not be binding until it has been reduced to writing and signed by each of the Parties.
  • The Mediator cannot be witness summonsed to give evidence.
  1. Mediator

2.1       The Parties agree that Mr Awani Choudhary will be the “Mediator”.

2.2       The Parties and the Mediator recognise that the Mediator is both impartial and neutral.

2.3       The Parties recognise that the Mediator does not offer legal advice or act as a legal adviser for any of the Parties.

  1. Place and Time of the Mediation

3.1       The mediation will take place as follows;

Date:

Address:

Start Time:

  1. Mediation Fees, Expenses and Costs

4.1       The Mediator’s fees and any other expenses associated with the mediation, will be met by insert details of paying party here – will usually be the employer .

  1. Private Sessions

5.1       Information disclosed to the Mediator in a private session is confidential unless:

  • It is in any event publicly available; or
  • The Mediator is specifically authorised by the party at the private session to disclose it.
  1. Confidentiality

6.1       Anything said during the mediation is confidential to the Parties and the Mediator and the Parties undertake to one another that they will maintain confidentiality in respect of all matters arising in the mediation.  They may choose to reveal some or all of what has occurred during the mediation to colleagues, or their managers if all Parties agree.

6.2       The only exceptions are where, for example, a potentially unlawful act has been committed or there is a serious risk to health and safety. In this instance a party may have an obligation to break confidentiality.

  1. Termination of the Mediation

7.1       Any of the Parties or the Mediator shall be entitled, in their absolute discretion, to terminate the mediation at any time without giving a reason.

  1. Human Rights

8.1       The Parties agree and acknowledge that the referral of this dispute to mediation does not affect the rights that may exist under Article 6 of the European Convention on Human Rights.

  1. Signature of this Mediation Agreement

9.1       This Mediation Agreement is signed as follows:

A.

Signed:

Name:

Date:

B.

Signed:

Name:

Date:

C.

Signed:                                                                                    (“the Mediator”)

Name:

Date:

Between the following parties namely, collectively known as “the Parties”, and

  1. Mr Awani Choudhary (“the Mediator”)

hereby agree to mediate their dispute on the following terms and conditions:

  1. Mediation Procedures
  • The mediation shall be held according to this Agreement to Mediate (Mediation Agreement).
  • The mediation is “without prejudice” and any settlement reached in the mediation will not be binding until it has been reduced to writing and signed by each of the Parties.
  • The Mediator cannot be witness summonsed to give evidence.
  1. Mediator

2.1       The Parties agree that Mr Awani Choudhury will be the “Mediator”.

2.2       The Parties and the Mediator recognise that the Mediator is both impartial and neutral.

2.3       The Parties recognise that the Mediator does not offer legal advice or act as a legal advisor for any of the Parties.

  1. Place and Time of the Mediation

3.1       The mediation will take place as follows;

Date:

Address:

Start Time:

  1. Mediation Fees, Expenses and Costs

4.1       The Mediator’s fees and any other expenses associated with the mediation, will be met by insert details of paying party here – will usually be the employer .

  1. Private Sessions

5.1       Information disclosed to the Mediator in a private session is confidential unless:

  • It is in any event publicly available; or
  • The Mediator is specifically authorised by the party at the private session to disclose it.
  1. Confidentiality

6.1       Anything said during the mediation is confidential to the Parties and the Mediator and the Parties undertake to one another that they will maintain confidentiality in respect of all matters arising in the mediation.  They may choose to reveal some or all of what has occurred during the mediation to colleagues, or their managers if all Parties agree.

6.2       The only exceptions are where, for example, a potentially unlawful act has been committed or there is a serious risk to health and safety. In this instance a party may have an obligation to break confidentiality.

  1. Termination of the Mediation

7.1       Any of the Parties or the Mediator shall be entitled, in their absolute discretion, to terminate the mediation at any time without giving a reason.

  1. Human Rights

8.1       The Parties agree and acknowledge that the referral of this dispute to mediation does not affect the rights that may exist under Article 6 of the European Convention on Human Rights.

  1. Signature of this Mediation Agreement

9.1       This Mediation Agreement is signed as follows:

A.

Signed:

Name:

Date:

B.

Signed:

Name:

Date:

C.

Signed:                                                                                    (“the Mediator”)

Name:

Date:

 

Date:

Parties

………………………………………………………………………………………………………………..(Party A)

Address

………………………………………………………………………………………………………………..(Party B)

Address

(jointly ‘the Parties’)

Background

The Parties have been in a dispute in relation to …..

The Dispute has been the subject of a mediation conducted under an agreement (‘the Mediation Agreement’) between the Parties and Mr A Choudhary (‘the Mediator’);

The Parties have agreed to settle the Dispute on the terms set out below (‘the Settlement Agreement’);

Terms of the Settlement Agreement

It is agreed as follows:

The Parties will keep confidential and not use for any collateral or ulterior purpose the terms of this Agreement except insofar as is necessary to implement and enforce any of its terms or as otherwise agreed in writing by the Parties.

Signed

for and on behalf of

Signed

for and on behalf of

Dated ………………………………………………..

 

I understand that every mediation is different, so prices may vary dependent on instructions and I am happy to discuss your individual requirements.

Basic Standard Fee Structure

For up to 4 hours in mediation including preparation

and travel within mainland UK                                               £800.00 plus VAT

Full day up to 6 hours in mediation including preparation

and travel within mainland UK                                               £1000.00 plus VAT

The above figures are quoted on the basis that any pre-mediation reading will not be in excess of two lever arch files of single sided copy.