Agreement

Andrew Fraley Ltd.

Mediation

Agreement to mediate

THE PARTIES in the case known as: [Example only ]

hereby agree to the mediation of their dispute on the following terms and conditions:

Mediation Procedures

The mediation shall be held and conducted according to this Agreement to Mediate.

Mediator

The parties agree that Andrew Fraley will be the Mediator. The parties recognise that the Mediator is an independent contractor, has no financial or other interest in the outcome of the mediation and has no power or authority to render a binding decision or award. The parties agree the Mediator shall establish the order and procedures for the Mediation session and will supply to the mediator such information that the mediator may reasonably require in order to better understand the nature of the dispute.

Mediation Fees

The Mediation Fee will be [see fees] per party for up to three hours; an additional fee of [see fees] per party will be charged thereafter for each additional hour or part thereof. Mediator travel time and preparation time is included. Incidental expenses will be charged at cost. The parties agree that the total cost of the mediation will be borne equally by the parties unless, as a result of a mediated settlement, it is agreed otherwise. Settlement or cancellation less than 21 days before the mediation will be chargeable at the full rate.

Consulting with Legal Advisers

Any party not represented by a legal adviser or in appropriate cases another professional adviser is advised to consult one before, during and after the Mediation Session and before finalising an agreement reached pursuant to the Mediation. The parties recognise that Mediator is not giving legal advice or acting as an advocate for any of the parties or analysing or protecting any party’s legal rights.

Private Sessions

The Mediator may hold private sessions with one party at a time. These private sessions are designed to improve the Mediator’s understanding of the party’s position. Information gained by the Mediator through such a session is confidential unless (a) it is in any event publicly available or (b) the Mediator is specifically authorised by that party to disclose it.

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Phone: +44 1275 855992

Fax: +44 1275 859080

E-mail: andrew@andrew-fraley.com