Common use of The Mediation Clause in Contracts

The Mediation. 2.1 The Mediator may communicate by any means with the disputants and may meet with the disputants together or with any disputant alone. The disputants agree to co-operate with the Mediator and each other disputant in the conduct of the mediation and to use their best endeavours to comply with reasonable requests made by the Mediator to promote the efficient resolution of the dispute. 2.2 Until the mediation is concluded by agreement or is otherwise terminated, the disputants will include the Mediator in all their communications to each other relating to the mediation, including electronic communications, unless the Mediator otherwise agrees. 2.3 A disputant may withdraw from the mediation immediately by giving written notice to each other disputant and the Mediator. If the Mediator believes the mediation is no longer productive or that any party is abusing the process or if the Mediator learns something in confidence that makes it impossible for the Mediator to continue to participate, the Mediator may withdraw from the mediation immediately by giving written or oral notice to the disputants, who must then appoint another mediator unless a disputant withdraws.