Agreements
An agreement will be prepared to suit the particular circumstances of your dispute. Below are set out two precedent documents to give you an understanding of how the frame work is established for the application of two dispute resolution processes. Similar agreements will be entered into in respect of International Arbitrations and Mediations. In respect of arbitration, by careful drafting the jurisdiction of appropriate International Arbitration legislation is invoked so that the award will be enforceable as if it were a Court order.
Arbitration Agreement – Australia – under relevant State Commercial Arbitration Acts.
Parties
1. First party
and
2. Second party
The Arbitrator – (Hugh McArdle) (“the Arbitrator’’)
Background.
A brief outline concerning the events, circumstances and identity of the parties to the dispute.
Dispute
A description and precise details of the dispute are provided under this heading.
Issues
The questions to be determined by the arbitrator will be formulated (in consultation with the parties).
Appointment
The Parties have agreed to the appointment of Hugh McArdle in accordance with his terms and conditions. The Arbitrator shall in the case of an Australian domestic arbitration conduct the arbitration in accordance with the Rules of the Australian Institute for Commercial Arbitration Inc. with such variations as the parties to the dispute mutually agree.{In respect of an International Arbitration, the arbitration shall be conducted in accordance with the rules of the Australian Centre for International Commercial Arbitration or rules of an equivalent association in the country where the arbitration is to occur with such variations as the parties to the dispute mutually agree.}
A preliminary conference between the parties and the arbitrator will be convened as soon as possible after the completion of this agreement, to consider procedural matters which will facilitate an expeditious determining of the issues and making of an award.
SIGNED by each party.
…………………….
AND
…………………………
………………………………………
Hugh McArdle
2. Mediation Agreement
THE PARTIES:
1. First Party
and-
2. Second Party
Mediator:
Hugh McArdle. (“Mediator’’).
Dispute/s
A brief introduction will be recorded here under this heading.
Terms of engagement
- The parties have agreed to submit their dispute/s to mediation before the Mediator. The Mediator will maintain and respect the confidentiality of the mediation. Any records/notes take by the Mediator will be destroyed at the end of the mediation. The Mediator will terminate the mediation where a party withdraws, the time has expired with no agreement on extension, a settlement has been achieved and recorded in writing or if the Mediator decides that the continuation of the mediation would not result in a settlement.
- The mediation will occur on the…day of … 2018 at …. commencing at… and concluding at….
- A party may if they wish be represented or be accompanied by a support person. If represented by a legal practitioner, this representation will only be permitted with the consent of the other party or at the discretion of the Mediator. Where a legal practitioner represents a party, the practitioner shall be liable to pay the contribution of their client to the costs of the mediation as if the practitioner was representing the party in litigation.
- Parties and their representatives are to ensure that they have the full authority to negotiate, undertake to participate in the mediation in good faith including the willingness to disclose and exchange any relevant documents. The parties acknowledge that their participation in the mediation in good faith and not for any other purpose and the Mediator shall neither be liable for any views expressed in the mediation, or omission nor amenable to being called as a witness in any legal proceeding for the purpose of disclosing what occurred in the mediation.
- After the mediation the parties will be asked to sign a document recording the terms of the settlement. The parties agree to keep and preserve the confidentiality of all communications and outcome of the mediation. If requested, this document may be prepared in a form which will be legally binding upon the parties. This agreement will be construed in accordance with the law applicable in the State of the Commonwealth of Australia where the mediation takes place or in the country where the mediation occurs.
- The parties shall an initial deposit of one half of the fee and remit their share of the balance of costs of the mediation including any disbursements within 14 days of receipt of an invoice.
SIGNED by each Party
And