CONDUCT OF THE MEDIATION Clause Samples

CONDUCT OF THE MEDIATION. 7.1. The mediator shall enter upon the mediation as soon as possible after his appointment and shall use his best endeavours to conclude the mediation as expeditiously as possible, but in any event the mediation process shall not continue for more than 42 (forty two) days from the Mediation Commencement Date unless the parties agree otherwise. 7.2. The parties shall at all times give assistance to the mediator to enable the mediation to proceed.

CONDUCT OF THE MEDIATION. Parties will comply with all reasonable directions of the mediator in relation to the conduct of the mediation.

CONDUCT OF THE MEDIATION. Subject to Rule 21, the mediation, including all preliminary steps, will be conducted in such manner as the mediator considers appropriate having due regard to the nature and circumstances of the Dispute, the agreed goal of an efficient and expeditious resolution of the Dispute and the view of each party as to the conduct of the mediation.

CONDUCT OF THE MEDIATION. (i) The mediator will be impartial and neutral. (ii) The mediator will not provide legal advice to any party. (iii) The mediator will not make any decisions for any party. (iv) The mediator may hold joint and private sessions.

CONDUCT OF THE MEDIATION. 12.1 The Mediator shall decide, when possible in consultation with the Parties, how the Mediation is to be conducted. 12.2 The Parties agree to comply with all requests of the Mediator in relation to the good conduct of the Mediation. 12.3 The Parties agree to use reasonable endeavours to settle the Issues between them and act in good faith before and during the Mediation. 12.4 No transcript or recording shall be made of the Mediation, or any part of it, except with the written consent of all participants, including the Mediator. This shall not prevent the Parties or the Mediator from taking a notes. Such notes shall remain confidential and will be destroyed shortly after the conclusion of the Mediation. 12.5 Any settlement reached in the Mediation shall not be legally binding unless it has been reduced to writing and has been signed by or on behalf of the Parties.

CONDUCT OF THE MEDIATION. The Mediator shall decide, when possible in consultation with the Parties, how the Mediation is to be conducted.

CONDUCT OF THE MEDIATION. The Parties shall be responsible in respect of any booking of accommodation, equipment hire or the like which the Parties may require for the purposes of the Mediation.

CONDUCT OF THE MEDIATION. 25 The parties will not be bound by any comments, suggestions, or recommendations of the mediator.

CONDUCT OF THE MEDIATION. 13.32 The Court shall provide the necessary support and assistance required for the effective administration of the mediation, including (as required) organising conference calls, videoconference facilities or a venue for any preliminary meeting between the parties and the mediator prior to the mediation session and a venue for the mediation session. 13.33 Unless the mediator indicates otherwise, any preliminary meeting is to be conducted virtually. 13.34 Within 7 days of his or her appointment, the mediator shall schedule as appropriate: (a) a preliminary meeting of the parties prior to the mediation session; and/ or (b) the mediation session, and shall notify the parties in writing of the date, time and place of the scheduled preliminary meeting and/ or the mediation session, and whether it is proposed to conduct the mediation session in-person or virtually or a combination of the two. 13.35 In a court ordered mediation, the Court may give directions regulating the practice and procedure to be followed in the mediation. 13.36 Unless the mediator otherwise indicates: (a) the preliminary meeting and/ or the mediation session must be attended by each party and if a party is a corporate or other entity, by an officer of that entity having authority to settle the dispute; (b) a party may be accompanied by a legal representative at the preliminary meeting and/ or the mediation session; (c) all persons attending the virtual preliminary meeting may do so by telephone or video-link; and (d) all persons attending the mediation session must do so in person or by video-link. 13.37 As soon as practicable after his or her appointment or during the preliminary session, the mediator shall provide instructions to the parties on the exchange of any documents to facilitate the mediation, provided always that such exchange should be proportionate to the amount of the dispute and the circumstances of the parties involved in the dispute. 13.38 During the preliminary meeting or the mediation session, the mediator must inform the parties of the following: (a) the purpose of mediation and its objective to facilitate settlement between the parties; (b) the mediator’s role as an impartial and independent third party who cannot make any decisions of fact or law and who cannot determine the credibility of any person participating in the mediation; (c) the Rules and this Practice Direction, which govern the mediation; (d) the confidentiality of the mediation process as provided in th...