THE FOLLOWING PARTIES namely:

1. Name and address ________________________________________________

2. Name and address ________________________________________________

(together the parties) hereby agree to the mediation of their dispute on the following terms and conditions:

1. MEDIATION PROCEDURES

1.1 The mediation shall be held and conducted according to this Agreement to Mediate. Everyone attending the mediation, whether or not a party is bound by the confidentiality provisions below and may be asked to sign this Agreement to that effect.
1.2 Each party, or their authorised representative, will attend the mediation.
1.3 Any settlement reached at the mediation will not be legally binding until it has been reduced to writing and signed by, or on behalf of, each of the parties. The parties, and not the Mediator, are responsible for drafting the settlement agreement.

2. MEDIATOR

2.1 The parties agree that Paul Beevers will be the Mediator.

3. MEDIATION FEES

3.1 The mediation fee payable to the Mediator shall be £     plus vat per party.
3.2 The mediator's preparation and traveling time is included in the mediation fee.
3.3 For mediations that take place more than 25 miles from Huddersfield the Mediator’s travelling expenses will be charged at the rate of 45p per mile plus vat and the cost shared equally between the parties.
3.4 The parties costs of the mediation, including their share of the mediator's fees, shall form part of the costs of any court proceedings between the parties relating to the issues or dispute to be mediated and shall be recoverable as such.

4. PLACE AND TIME OF THE MEDIATION

4.1 The mediation will take place at date time and place of mediation.

5. CONSULTING WITH LEGAL ADVISERS

5.1 Any party may ask for time to take legal advice during the mediation and prior to finalising any agreement reached at the mediation.
5.2 The parties recognise that the Mediator will not offer legal advice or act as a legal adviser for any of the parties to the mediation nor will he protect any party's legal position or rights.

6. PRIVATE SESSIONS

6.1 The Mediator may hold private sessions with any party. These private sessions are designed to improve the Mediator's understanding of the party's position and to help the Mediator explain each party's viewpoint to the other.
6.2 Information gained by the Mediator through a private session is confidential unless it is already public or the Mediator is specifically authorised by that party to disclose it.

7. CONFIDENTIALITY

7.1 The parties recognise that the mediation is for the purpose of attempting to achieve a negotiated settlement of their dispute and as such all exchanges during the mediation are without prejudice and will be inadmissible in any litigation or arbitration of the dispute.
7.2 Evidence that is otherwise admissible shall not be rendered inadmissible as a result of its use in the mediation.
7.3 The parties will not subpoena or otherwise require, the Mediator or any other person attending the mediation to testify or produce records, notes or any other information or material whatsoever in any proceedings.
7.4 Every person involved in the mediation will keep confidential and not use for any collateral or ulterior purpose the fact that the Mediation is to take place or has taken place, other than to inform a court or arbitrator dealing with any litigation relating to the dispute of that fact.
7.5 All documents, statements, information and other material produced during the course of the mediation, whether in writing or orally, shall be held in confidence by the parties and shall be used solely for the purposes of the mediation, save to the extent that these documents have been disclosed already or are in the domain of the litigation.
7.6 At the termination of the mediation all such confidential material shall be returned to the originating party or destroyed at their option.

8. TERMINATION OF THE MEDIATION

8.1 Any of the parties or the Mediator shall be entitled, in their absolute discretion, to adjourn or terminate the Mediation at any time without giving a reason.

9. LAW AND JURISDICTION

9.1 This agreement shall be governed by construed and take effect in accordance with English Law.

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Signed: ___________________________________________________

Name of Party

Date: _____________________________________________________

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Signed: ___________________________________________________

Name of Party

Date: _____________________________________________________

.

Signed: ___________________________________________________

Paul Beevers - Mediator

Date: _____________________________________________________