Letter from Mediator to the Parties Accepting Appointment
(Name of party A ) v (name of party B )
I write to confirm my willingness to act as a mediator to resolve certain matters in dispute between you arising out of (specify ). I confirm that I have never acted in any capacity for either of the parties to this mediation and that I will act impartially at all times in the conduct of the mediation. I understand that it has been agreed between you that as mediator I will be entitled to meet with each of you, or your representatives, individually. Any information given to me at any such meeting will be kept confidential by me and will not be passed on to the other party without the express consent of the party giving me the information. Equally, I may also convene meetings at which both parties and their representatives may be present. In my role as mediator, I will attempt to enable you to find a basis to resolve the matters in dispute between you. I am not, however, empowered to make any recommendation or proposal as to how your disputes may be resolved.
In the event that the mediation fails to produce a solution to the disputes between you, I would not act as an arbitrator, or in any other capacity, in relation to any proceedings which may take place to resolve any dispute which has been part of the mediation. I confirm that all information passed to me, or negotiations conducted during the mediation, will be on a privileged `without prejudice basis, unless such privilege is waived by the parties by agreement either generally or in relation to any specific aspect. No party may refer in any proceedings that may subsequently take place to any such privileged information or negotiations, nor will I be required to do so or be called as a witness in any such proceedings.
I have no power to require the parties to produce documents or other information to me. The success of the mediation therefore depends entirely upon the willingness of the parties to produce to me such material as I may need to consider so as to understand the matters in dispute between you. Upon notification to me of the agreement of both parties to the terms of my appointment, I will issue procedural directions as to how the parties should present their respective submissions and information to me and as to how the mediation will be conducted thereafter.
If a basis to resolve the disputes is arrived at during the course of mediation, I will prepare a summary of such agreement for submission to the parties who will not, however, be bound by it until they have had an opportunity to consult their respective legal advisers. Only after having obtained such advice as they may require and having thereafter stated their agreement to the terms to resolve the dispute will they become bound by them.
If at any time I conclude that the mediation process is being abused by one of the parties or, for whatever reason, is unlikely to result in a mutually acceptable basis upon which to resolve the disputes, I will inform the parties accordingly and will thus bring the mediation to a close.
My fees for the conduct of this mediation will be charged at an hourly rate of N (Naira )...... . I will invoice each of the parties on a monthly basis for half of my fees, but the parties will remain jointly and severally liable for the full amount of my fees.
Finally, in accepting this appointment as mediator, I do so in my personal capacity and not on behalf of my firm which has no interest in this mediation, and no responsibility will attach to it in connection with the mediation.
In accepting the appointment as mediator, and in acting in that capacity, I do so without liability to any party for any act or omission in connection with the mediation, save in relation to the consequences of conscious and deliberate wrongdoing.
Please sign and return the enclosed copy of this letter to confirm your agreement to the terms of my appointment as mediator.
(signature of mediator )