Common use of The Mediator Clause in Contracts

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: xxxx://xx.xxxxxx.xx/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.