Common use of THE APPOINTMENT Clause in Contracts

THE APPOINTMENT. 2.1 The parties agree to the appointment of the Mediator on the terms of this Agreement. 2.2 The parties acknowledge that the Mediator is independent and neutral and does not give legal advice. 2.3 The parties also understand that the role of the Mediator is to facilitate settlement of the dispute by negotiation and agreement where it is possible, and that the Mediator will not adjudicate or decide the dispute. 2.4 Save in the case of gross error or misconduct, the parties agree that they will respect the neutrality of the Mediator and any professional body to which the Mediator may belong, and not bring any claim, demands or proceedings against the Mediator. 2.5 Any notes of the Mediator are confidential to the Mediator and shall not be available to the parties at any time, nor subject to subpoena for production as evidence in any court, tribunal or other judicial hearing or proceeding. 2.6 The Mediator confirms and warrants that he is fully trained or accredited in the field of ADR work in which he himself out, undertakes to comply with all relevant professional standards in respect of mediators, and undertakes at all times to have suitable and sufficient professional indemnity cover in place and to provide a copy of the certificate upon request.

THE APPOINTMENT. 2.1 The parties agree to the appointment of the Mediator on the terms of this Agreement. 2.2 The parties acknowledge that the Mediator is independent and neutral neutral, and that the Mediator does not give legal advice. 2.3 The parties also understand that the role of the Mediator is to facilitate settlement of the dispute by negotiation and agreement where it is possible, and that the Mediator will not adjudicate or decide the dispute. 2.4 Save in the case of gross error or misconduct, the parties agree that they will respect the neutrality of the Mediator and any professional body to which the Mediator may belong, and not bring any claim, demands or proceedings against the Mediator. 2.5 Any notes of the Mediator are confidential to the Mediator and shall not be available to the parties at any time, nor subject to subpoena for production as evidence in any court, tribunal or other judicial hearing or proceeding. 2.6 The Mediator confirms and warrants that he is fully trained or accredited in the field of ADR work in which he holds himself out, undertakes to comply with all relevant professional standards in respect of mediators, and undertakes at all times to have suitable and sufficient professional indemnity cover in place and to provide a copy of the certificate upon request.place