Common use of The role of the Mediator Clause in Contracts

The role of the Mediator. 2.1 The role of the mediator is to assist the Parties with the attempted resolution of their dispute through inter alia: (i) identification of the areas of agreement; (ii) identification of the relevant issues in dispute; (iii) delineation of the areas of dispute; (iv) problem solving; and (v) generating proposals for possible resolution of the issue(s) in dispute. 2.2 The mediator has no vested interest, be it personal or otherwise, in the underlying dispute between the Parties or in the outcome of the mediation. 2.3 The mediator does not act for, nor will the mediator accept any request or nomination to act for either of the Parties in connection with the area of dispute during the currency of this agreement or at any time thereafter. 2.4 Additionally, the mediator does not act as a substitute in respect of each party obtaining their own independent legal advice in respect of the issue(s) in dispute. 2.5 The mediator does not have the power nor does the mediator have the authority to impose a binding decision on the Parties. Additionally, the mediator will not place any obligation on any of the Parties to settle their dispute. 2.6 Save as where agreed to in the contrary as between the mediator and the Parties acting jointly or where required by law, the mediator will not disclose to any third party any information pertaining to the mediation. 2.7 The mediator will not, except with the specific authority of both the Parties, discuss or correspond with either of the Parties’ legal representatives regarding the merits of the issues in dispute. The mediator may however from time to time communicate with the legal representatives in respect of the formal matters of procedure, cost and the proposed timetable for mediation.

The role of the Mediator. 2.1 The role of the mediator is to assist the Parties with the attempted resolution of their dispute through inter alia: (i) identification of the areas of agreement; (ii) identification of the relevant issues in dispute; (iii) delineation of the areas of dispute; (iv) problem problem-solving; and (v) generating proposals for possible resolution of the issue(s) in dispute. 2.2 The mediator has no vested interest, be it personal or otherwise, in the underlying dispute between the Parties or in the outcome of the mediation. 2.3 The mediator does not act for, nor will the mediator accept any request or nomination to act for either of the Parties in connection with the area of dispute during the currency of this agreement or at any time thereafter. 2.4 Additionally, the mediator does not act as a substitute in respect of each party obtaining their own independent legal advice in respect of the issue(s) in dispute. 2.5 The mediator does not have the power nor does the mediator have the authority to impose a binding decision on the Parties. Additionally, the mediator will not place any obligation on any of the Parties to settle their dispute. 2.6 Save as where agreed to in on the contrary as between the mediator and the Parties acting jointly or where required by law, the mediator will not disclose to any third party any information pertaining to of the mediation. 2.7 The mediator will not, except with the specific authority of both the Parties, discuss or correspond with either of the Parties’ legal representatives regarding the merits of the issues in dispute. The mediator may however from time to time communicate with the legal representatives in respect of the formal matters of procedure, cost and the proposed timetable for mediation.