Acknowledgements by the Parties- The Parties (and the Mediator) hereby acknowledge and accept and agree that:
- Participation by the Parties in the mediation shall be voluntary at all times and that the Parties, or either, or any, or all of them may withdraw from the mediation at any time.
- The fact that proceedings may have been issued in relation to the issue/s in dispute shall not prevent the Parties engaging in mediation at any time prior to the resolution of the dispute.
- A party may—
(i) withdraw from the mediation at any time during the mediation,
(ii) be accompanied to the mediation by a person (including a legal advisor) who is not a party, or
(iii) obtain independent advice, including legal advice, at any time during the mediation.
- The Parties and the Mediator, having regard to the nature of the dispute, shall make every reasonable effort to conclude the mediation in an expeditious manner which is likely to minimise costs.
- Subject to the provisions of this Agreement and subject to the confidentiality of the mediation, the Mediator may withdraw from the mediation at any time during the mediation by notice in writing given to the Parties stating the Mediator’s general reasons for the withdrawal.
- A withdrawal by the Mediator from the mediation shall not of itself prevent the Mediator from again becoming the mediator in the mediation.
- Where the Mediator withdraws from the mediation, the Mediator shall return the fees and costs paid in respect of that portion of time during which the Mediator was paid to act as the Mediator and for which he or she will no longer act as the mediator.
- It is for the parties to determine the outcome of the mediation.
- The fees and costs of the mediation shall not be contingent on its outcome.
Payment TermsA schedule of costs will be advised to all clients based on an estimation of the time required to prepare for, facilitate mediation and draft any mediation agreement. Additional fees may be required for venue hire and travel where required.
All fees quoted are exclusive of VAT which will apply at the prevailing rate.
The entire fee is payable in advance of mediation commencing. Parties normally share the cost of mediation equally and will be invoiced separately.
The payment on account must be made by the parties no later than the date stated on the invoice. Failure to provide funds on account will lead to the mediation booking being released by the mediator and cancellation fees applied if applicable.
Payment may be made via bank transfer or online payment methods (Debit/Credit Card or Direct Debit)
Notice Period A minimum of
24 hours notice is required to cancel any pre-arranged mediation meeting. Where less than 24 hours notice is provided to the mediator the cost of that meeting may be forfeited.
ComplaintsWhere a client is unhappy or has concerns they are encouraged to highlight these at the time to allow a resolution to be acieved.
As a member of the MII - complaints about professional misconduct may be made to the MII.
Refunds Where mediation does not progress or stalls, a refund for any uncompleted work or mediator time will be made within seven working days of confirmation by the mediator to both parties that mediation has ended.
Information DisclosureThe parties acknowledge that full disclosure of all relevant information is essential to the mediation process, to include mutual disclosure of assets where required, to ensure that the mediation settlement adequately protects the rights and entitlements of the parties and their dependents, if any, as provided in section 11 (3)(a) of the Act.
Withdrawal/Termination of the mediation.The parties acknowledge that it is their intention to engage in mediation until a settlement is achieved, or until the agreed-upon time set aside for mediation has elapsed. The parties also acknowledge that as the process is entirely voluntary, either party may withdraw from mediation at any time, and that no explanation is required. As the Mediator is obliged by law to make every reasonable effort to conclude mediation in an expeditious manner, he/she may determine that mediation has reached an impasse, or can serve no further purpose, and may initiate the suspension (temporary withdrawal), or the termination of mediation, the general reasons for which will be expressly communicated to the parties. Breach of the terms of this agreement by a party will be grounds for the mediator withdrawing. If the dispute is not resolved through mediation , the right of the parties to litigate and seek a fair trial remains unaffected.
Preservation of rights.If no written settlement agreement is signed by the Parties to settle their dispute, all the Parties’ rights shall be reserved and shall remain in all respects unaffected by the mediation save to the extent provided for in this Agreement. The Parties agree that in such circumstances any documents and written summaries of case furnished to them by the other Party shall be forthwith returned to that Party, and that no copies shall be kept by them. Any documents furnished by the Parties to the Mediator shall, in such circumstances, be returned promptly.
The Parties agree that the Mediator may not be called as a witness in any legal or similar proceedings or in any form of alternative dispute resolution in relation to the dispute or any matter related to or concerning the subject matter of the mediation.
Non-reliance on statements made.The Parties agree that they cannot rely upon any perceived or actual expression of opinion, advice or comment made by the Mediator during the mediation in or for the purposes of any legal or similar proceedings or any form of alternative dispute resolution in relation to the dispute or any matter related to or concerning the subject matter of the mediation.
Exclusion of LiabilityThe Parties agree that the Mediator shall not be liable to the Parties in contract, tort (including negligence and/or breach of statutory duty) or otherwise howsoever except for fraud or fraudulent misrepresentation.
Applicable Law and CourtsThis Agreement shall be governed by and construed in accordance with Irish law and the Parties agree to submit to the exclusive jurisdiction of the Courts of Ireland as regards any claim or matter arising under or in relation to this Agreement.
Statutes of LimitationFor the purposes of s18 of the Act; the Agreement to Mediate is “signed” on the date that the last party signs this Agreement
Data Retention PolicyIn compliance with the requirements of the General Data Protection Regulation (GDPR) in force since 25th May 2018, a client’s personal information and documentation is confidential and will be stored securely by the Mediator. CH Mediation Ireland maintains a record of your data to provide the service of mediation and once mediation has ended, some data is retained to comply with our obligations under taxation and legislation, and the terms of our professional indemnity insurance.