Agreement made the [ ] day of [ ] [ ]
Between ___________________________________ (“the First Party”)
and ___________________________________ (“the Second Party”)
(collectively “the Parties”) and the Mediator who is named below and enters this Agreement on the basis set out in Appendix 1.
|Date of Mediation:|
|Duration:||Up to [ ] hours|
|Name of Mediator:|
(the services of the Mediator are provided on the basis set out in Appendix 1)
|First Party||Second Party|
|Advisor representing party at Mediation:|
|Solicitor Contact (if different from above)|
|Name of court and the court case reference (if applicable)|
This agreement has the following appendices:
A dispute (the “Dispute”) has arisen between the First Party and the Second Party (“the Parties”) The Parties and the Mediator agree as follows:
The Parties appoint the Mediator for the mediation on the terms set out below and agree:
1.1 to mediate the Dispute on the date and at the time and venue set out above (“the Mediation”)
1.2 that the Mediator and the Parties shall follow:
1.2.1 NDR’s Mediation Procedure for the time being (a copy of which accompanies this agreement and/or is available from NDR or its website and which is hereby incorporated into this Agreement)
1.2.2 the European Code of Conduct for Mediators (“the Code”)1
1.3 that where the Mediation Procedure and the Code conflict the provisions of the Code shall prevail.
1.4 where the provisions of this Agreement conflict with either the Mediation Procedure or the Code this Agreement shall prevail.
2.1 The Parties’ obligations in respect of fees are set out in paragraph 2.7 of the Mediation Procedure.
2.2 The Parties shall make payment to the Mediator (see Appendix 1) in respect of the mediation services provided by the Mediator in accordance with the fees set out in the Fee Schedule in Appendix 2 (“the Fees”).
The Observer (whose name is printed below his/her signature below) will attend as an observer (“the Observer”) as part of his/her mediation training, without fee, provided that the Parties so agree and he/she agrees, in consideration of the Parties permitting him/her to observe the Mediation that:
3.1 the provisions of this Agreement to Mediate and Mediation Procedure relating to confidentiality shall apply to him/her.
3.2 he/she will comply with the Mediation Procedure and the Code and it is agreed that save for any significant breach of same and save any wilful misconduct or gross negligence no liability shall attach to the Observer.
The Observer understands that save for the specific provisions in this paragraph such duties or responsibilities that are owed by the Mediator to the Parties shall also be owed by the Observer.
First Party’s Lawyer for and on behalf of First Party
Second Party’s Lawyer for and on behalf of Second Party
Mediator (who signs on the basis set out in Appendix 1)
Observer (print name in full)
1The specific URL or internet address for the Code is:
http://ec.europa.eu/civiljustice/adr/adr_ec_code_conduct_en.pdf If you are viewing an electronic copy of this Agreement you can connect to the hyperlink – control and left-click.
Appendix 1 – The Mediator
NDR’s mediators may carry out their work in the capacity as self-employed sole practitioners or as members of a firm or company: this Schedule sets out for the avoidance of doubt that status and the VAT details.
(The Mediator shall strike through the paragraphs which are inapplicable)
Where the Mediator acts as a self-employed sole practitioner
|Name of Mediator:|
|VAT registration No. (if the Mediator is registered for VAT)|
Please make fees payable to:__________________________________________
Where the Mediator supplies mediation services, and enters into this agreement as a member of a firm or company:
|Name of Mediator:|
|Name of Firm:|
|Registered office / address of Firm|
|Firm’s Company No. and country of registration or LLP No.|
|VAT registration No.|
Please make fees payable to:__________________________________
Appendix 2 – Fees Schedule
|Mediation Fee £||Total Fees £||VAT £||Total £|
|Payable by First Party|
|Payable by Second Party|
Fees should be made payable to _________________________________
The above fees are based on the Fee Structure below.
All fees are subject to VAT at the prevailing rate.
All fees are subject to VAT at the prevailing rate
|Band||Value of Dispute|
(The value of the dispute is the aggregate of the amount claimed and any counter-claim)
|Duration of Mediation (Hours)||Mediation Fee Per Party (£)||Total Mediation Fees for Two Parties (£)||Additional Hours Per Party (£)|
|1||£0 - £5,000||1||50||100||50|
|2||£0 - £5,000||up to 2||100||200||50|
|3||£5,000 - £15,000||up to 3||300||600||84|
|4||£15,000 - £50,000||up to 4||425||850||93.50|
|5||£50,000 - £250,000||up to 8||1,000||2,000||100|
|6||£250,000 - £500,000||up to 8||1,250||2,500||150|
|7||£500,000 - £1m||up to 8||1,450||2,900||200|
|8||over £1m||up to 8||by negotiation||by negotiation||by negotiation|
Note 1: Bands 1-4 are the former National Mediation Helpline rates and apply to all such value cases whether referred to NDR by NMH or not.
Note 2: The fees above show the fees payable in a two party dispute. For example, wherethe value of the dispute is between £15,000 and £50,000 (Band 4) the fee is £425 plusVAT per party, a total of £850 plusVAT for both parties.
Note 3: A further 10% will be applied for each additional party. For example, the fees in a three party dispute in Band 4 would be:
Fee for two parties in Band 4 850.00 plus VAT
Add 10% 85.00 plus VAT
Total fee for three parties 935.00 plus VAT
Fee for each of the three parties 311.67 plus VAT
Appendix 3 – Mediator’s disclosure pursuant to paragraph 2.9 of the Mediation Procedure
|(a) All business or professional relationships which the Mediator has had with the Parties or their lawyers within the past five years, including all instances in which the Mediator has served as a lawyer for any party or adverse to any party.||None / the following|
|(b) Any financial interest the Mediator has in any party.||None / the following|
|(c) Any significant social, business or professional relationship the Mediator has/had with an officer or employee of a party or with an individual representing a party in the Mediation.||None / the following|
|(d) Any other circumstances that may create doubt regarding the Mediator’s impartiality in the Mediation.||None / the following|
Appendix 4 – Details of other persons attending the mediation and confidentiality arrangements
I, the undersigned, in consideration of my having been given permission by the Parties or their Advisers to attend the Mediation, hereby agree that I will be bound by the Agreement to Mediate and the Mediation Procedure as though I were a Party (except for the obligation to pay fees) and in particular:
a) I will keep the affairs of the Parties and the Mediation confidential;
b) I will not refer to anything that I hear, see or learn at the Mediation at any time or in any place;
c) I will not give evidence about any of these matters; further
d) I will not seek to require the Mediator to give evidence in any subsequent litigation about the Mediation or the Dispute except in the case of an allegation of misconduct during the mediation.