1.: (“Party A”)
2: (“Party B”)
[3: (“Party C”) etc]
(jointly “the parties”) Add full names and addresses
[4:] (“the Mediator”)
[5: (“the Pupil Mediator”) (“the Mediator’s Adviser”)
(“jointly and individually “the Mediator”)
] The “Appointing Body”
Dispute (“the Dispute”)
Brief description of the Dispute [or as set out details on separate sheet]
Participation in a Mediation
1. The Parties will attempt to settle the Dispute by mediation (“the Mediation”). The TeCSA Mediation Rules (“the Rules”) [as varied by this agreement](1) will determine the conduct of the Mediation and are incorporated into, and form part of, this agreement. The definitions in the Rules are used in this agreement.
2. The Mediator[s] will be [The Pupil Mediator will be ]
[The Mediator’s Adviser (if any) will be ]
3. The Representatives and solicitors (if any) for each of the Parties at the Mediation will be:
[Party C etc:
(jointly “the Representatives”) Add full names and corporate titles
A Party will immediately notify the other Party[ies] and the Mediator of any change to the above.
4. Each Representative in signing this agreement will by doing so bind the Party he/she represents and all other persons present on that Party’s behalf at the Mediation.
5. The following, in addition to the Representatives, will be present on behalf of each of the Parties at the Mediation
[Party C: ]
A Party will immediately notify the other Party(ies) and the Mediator of any change to the above.
Place and time
6. The Mediation will take place
starting at: o’clock
Amendments to Rules
7. Set out amendments (if any) to the Rules
if any litigation, arbitration, adjudication or expert determination (“Proceedings before the Relevant Tribunal”) is to be stayed, para 13 of the Rules should be excluded/deleted and wording along the following lines should be added in the agreement: “No Proceedings before the Relevant Tribunal in relation to the Dispute are to be commenced [Any existing Proceedings before the Relevant Tribunal in relation to the Dispute are to be stayed] from the date of this agreement until the termination of the Mediation”.
Law and jurisdiction
8. This Agreement will be governed by the Laws of England and Wales(2) [and the Parties submit to the non-exclusive jurisdiction of the High Court(3)]
on behalf of [Part A]
on behalf of [Party B] [Party C]
[the Mediator] [ [the Pupil Mediator] [the Mediator’s Adviser]
(1) Delete if appropriate
(2) Amend if law of underlying dispute is not England and Wales
(3) Amend/delete if dispute is in arbitration, expert determination or adjudication
Last Updated: Thursday, March 29, 2001 10:36 AM