The Mediator Clause Samples

The Mediator. 4.1 The Mediator will: 4.1.1 communicate with the Parties and/or their advisers jointly or separately prior to the Mediation as well as meet with them jointly or separately, if requested to do so, or if the Mediator deems it appropriate; 4.1.2 prior to the commencement of the Mediation Session read and familiarise herself with each party’s Position Statement and any documents provided in accordance with paragraph 6.1; 4.1.3 determine the procedure for the Mediation and use reasonable endeavours to facilitate the Parties to reach a resolution of the Dispute; 4.1.4 abide by the Terms, the Agreement to Mediate and the European Code of Conduct for Mediators that can be viewed at: ▇▇▇▇://▇▇.▇▇▇▇▇▇.▇▇/civiljustice/adr/adr_ec_code_conduct_en.htm as may be amended from time to time (the “Code of Conduct”). 4.2 The Mediator may if a settlement is not reached (and if so requested and agreed by the Parties and the Mediator) render a non-binding opinion or recommendation on how a settlement may be reached. 4.3 The Mediator will not: 4.3.1 impose a settlement on the Parties; or 4.3.2 offer legal advice or act as legal adviser to any Party at any time in connection with the Dispute. 4.4 The Parties and the Mediator acknowledge that the Mediator is an independent contractor and is not appointed as an agent or employee of any of the Parties. Neither the Mediator nor a member of her firm or business will act, or have acted, as a professional adviser, or in any other capacity, for any of the Parties in connection with the Dispute before, during or after the Mediation Session.

The Mediator. ▇▇▇▇▇ ▇▇▇▇▇ QC Four New Square, Lincoln’s Inn, ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇ (▇.▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ 020 7822 2000)

The Mediator. 3.1. Mediation under these Mediation Rules will be conducted by a single mediator appointed in accordance with Paragraph 4. The mediator shall have no authority under the Contract to bind the parties other than by an order under Paragraph 8.5.

The Mediator. The Mediator will be ▇▇▇▇ ▇▇▇▇▇▇▇▇. The Assistant Mediator/Observer will be 1. The Lead Negotiators and the Representatives of the parties shall be the persons iden- tified in Schedule 1. 2. Each Party will immediately notify the other Party and the Mediator of any change to this information.

The Mediator. The Mediator shall throughout the mediation act as an independent impartial neutral facilitator and will not seek to adjudicate, arbitrate, furnish advice, or impose a decision or solution in respect of any of the issues, save by agreement with the parties. The Mediator shall not be liable to any party for any act or omission in connection with the conduct of the mediation, save for any willful misconduct. The Mediator shall not be called as a witness or as an expert in any pending or subsequent litigation or arbitration relating to the dispute or subject matter of the mediation, save where the Mediator and all parties agree in writing. The Mediator hereby confirms that all known financial and/or other interests, all social, business or professional relationships with any party and/or their representatives, or any facts or circumstances which may create doubt as to the impartiality of the Mediator, have been disclosed to the parties in writing. The Mediator shall immediately disclose any said interests, relationships or circumstances that become apparent hereafter. The Mediator shall be entitled to conduct the mediation process at his discretion, including the structure of the process, the attendance of participants, the agreeing of a timetable for the exchange of any relevant information or documentation, and the scheduling and re-scheduling of meetings with the parties, both before and during the mediation, whether in private caucus or with the parties jointly.

The Mediator a. The Mediator, after consultation with the Parties where appropriate, will:- a) attend any meetings with any or all of the Parties preceding the mediation, if requested or if the Mediator decides this is appropriate and the Parties agree; b) read before the Mediation: (i) each Case Summary (as defined below); and (ii) such of the Documents (as defined below) sent to him as he considers rel- evant and appropriate, taking into account the volume of such Documents and the time in advance of the Mediation they were delivered; c) chair, and determine the procedure for the Mediation; d) assist the parties in drawing up any written settlement agreement; e) abide by the terms of this Mediation Procedure, the Mediation Agreement and the Me- diator’s Code of Conduct. b. The Mediator and or Assistant Mediator/Observer will not act for any of the Parties individually in connection with the Dispute in any capacity either during the currency of this Agreement or at any time thereafter. The Parties accept that in relation to the Dispute the Mediator and As- sistant Mediator/Observer are not agents of, advisors to, or acting in any capacity for, any of the Parties. c. If there is any issue about the conduct of the Mediation upon which the Parties cannot agree within a reasonable time, the Mediator will, at the request of any Party, decide the issue for the Parties, having consulted with them. The Parties agree to abide by and comply in a timely manner with all decisions of the Mediator made pursuant to this clause.

The Mediator. Unless agreed otherwise by the parties, the mediation process shall be administered by J.A.M.S./Endispute, Inc. or its successors ("JAMS") under its normal rules and procedures. If, at the time a dispute arises, JAMS does not exist or is unable to administer the resolution of the dispute in accordance with the terms of Section 12.04, then the dispute resolution process shall be administered by the American Arbitration Association or its successors ("AAA") under its normal rules and procedures. If, at the time a dispute arises, AAA does not exist or is unable to administer the dispute resolution process and the parties cannot agree on the identity of a substitute service provider, then there shall be no mediation, and the parties shall proceed to arbitration as described in Paragraph 2.2 below. The mediator shall be chosen by the parties or, if the parties are unable to agree, shall be chosen by the organization administering the mediation.

The Mediator. 3.1 The Mediator will:- (a) attend any meetings with any or all of the parties preceding the mediation, if requested to do so, or if the mediator decides it is appropriate; (b) prior to the commencement of the mediation, read and familiarise him/herself with each party’s Position Statement and any documents provided in accordance with paragraph 6.1 below; (c) determine the procedure (see paragraph 1.3 above); (d) assist the parties in drawing up any written settlement agreement; (e) abide by the terms of the Mediation Procedure and the Agreement to Mediate. 3.2 The Mediator will not:- (a) Impose a settlement on the parties; (b) offer legal advice or act as legal adviser to any party; (c) analyse any party’s legal position or rights. 3.3 The parties and Mediator acknowledge that the Mediator is an independent contractor. The Mediator will not and/or will not have acted, as a professional advisor for any of the parties individually in connection with the dispute either during the currency of the mediation or at any time thereafter.

The Mediator. The Mediator shall be neutral and impartial. The Mediator shall help the parties to develop and explore options for resolution of the Disputes and, if possible, achieve expeditious resolution of the Disputes by agreement between them.