Alternative Dispute Resolution Procedures Mediation

Alternative Dispute Resolution Procedures Mediation

Letter from mediator accepting appointment and setting out the procedure to be followed:

Dear Sirs,
(name ) v (name )
I write to confirm my willingness to act as a mediator to resolve certain matters in dispute between you arising out of (specify ). In this capacity, I will try to assist you to find a basis to resolve the matters in dispute between you, but will not make any recommendation or proposal as to how your disputes may be resolved. I confirm that I have never acted in any capacity for either party to this mediation, and that I will act impartially at all times in the conduct of the mediation.

I will meet with each of the parties individually. Any information given to me at such a meeting will be kept confidential and will not be conveyed to the other party without the express consent of the party giving me the information in question. Obviously, the same constraints will not apply if a meeting takes place at which both parties are present. I intend to assist the parties by seeking to identify areas of agreement, narrowing and clarifying areas of disagreement, and seeking to establish and examine alternative options for resolving any disagreement so as to facilitate discussion and help you to resolve your differences.
In the event that the mediation fails to produce a solution to the disputes between you, I will not act as an arbitrator, or in any other capacity, in relation to any other proceedings which may take place to resolve any of the disputes that will be the subject of the mediation.
All discussions and negotiations 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 discussions and 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 and therefore rely entirely upon the parties to produce to me such material as I may need to consider so as to understand the matters in dispute between you. Accordingly, I request that both parties, within 14 days from todays date, provide me with a document describing the issue(s ) in dispute, and their position in relation to it, with any documents or other materials upon which they rely in support of their position regarding the disputed matter. For the avoidance of doubt, documents to be provided to me by each party will not at the same time be provided to the other party.
Upon receipt and consideration of these documents I will consider what further steps should be taken to enable me to understand fully and thus assist in the resolution of the matters in dispute.
If at any stage agreement is reached between the parties as to how the matters in dispute between them may be resolved, I will prepare a written memorandum or summary of the agreement reached which may form the basis for formal Heads of Agreement between the parties to resolve the matters in dispute. If the parties wish to consult their respective individual legal advisers before entering into any binding agreement, any terms which they may provisionally propose as the basis for resolution will not be binding on them until they have each had an opportunity of taking advice from their legal advisers and have thereafter agreed to be bound by them.
If at any time I believe that any party is abusing the mediation process, or otherwise conclude that the mediation is unlikely to result in a mutually acceptable solution, I will inform the parties accordingly and thus bring the mediation to a close.
Finally, in accepting this appointment as mediator, I do so in my personal capacity and do not act on behalf of my firm which has no interest in this mediation, and no responsibility will attach to it in connection with the mediation.
My fees for the conduct of the 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.
Please sign and return the enclosed copy of this letter to confirm your agreement to the terms of my appointment as mediator.
Yours faithfully
(signature of mediator )

 

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