ROMANIAN FRANCHISE ASSOCIATION is an association of public utility

Romanian Franchise Association

Mediation Scheme

MEDIATION AGREEMENTmediation agrement franciza

 

An Agreement dated

BETWEEN:

Parties:

1. Romanian Franchise Association   of

2. [     ]  of represented by  [      ] Solicitors

3 [      ]  of represented by [       ] Solicitors

4. [        ]   of  represented by [       ] Solicitors

The parties agree with the Romanian Franchise Association (ARF) and with each other that the ARF will administer the mediation of their dispute on the following terms and conditions.

1. Mediation Procedures

1.1 The mediation shall be held and conducted according to the provisions set out in this agreement (‘Mediation Agreement’).

1.2 The mediation meeting shall be referred to throughout this agreement as the mediation (‘Mediation’).  The Mediation will ordinarily be held at the neutral premises of the Mediator and there will be no charge for the use of such premises.

1.3 Any settlement reached in the Mediation will be legally binding only when it has been recorded in writing and signed by, or on behalf of, each of the parties in dispute.

1.4 The parties recognise that neither the ARF nor the Mediator have any responsibility to offer legal advice nor to act as a legal advisor to any of the parties to the Mediation, nor will they analyse or protect the legal position or rights of any party in dispute.

2. Mediator

2.1 The parties agree that the ARF will appoint the mediator and that [    ] will be the mediator (‘Mediator’).

2.2 The parties acknowledge that the Mediator is an independent contractor and is not an agent or employee of the ARF.

3. Mediation Fees

3.1 The parties in dispute agree that the Mediation shall be for a period of

[a half day      (a maximum of 4 hours)]

[a full day    (a maximum of 7 hours)]

(‘Mediation Period”).

3.2 The parties in dispute agree to pay a mediation fee (‘Mediation Fee’) of the sum of the fees and expenses set out below:

3.2.1 a fee for the Mediation Period (which shall include the Mediator’s preparation time for the Mediation Period) of :

a half day   Euro [100]   [initials         ]     a whole day   Euro 200   [initials             ]

3.2.2 the reasonable travel, accommodation and subsistence expenses (if any) incurred by the Mediator in attending the Mediation.

3.2.3 the fee (if any) incurred for the use of premises for the Mediation if not the offices of the Mediator

3.2.4 all sums paid by virtue of this agreement are subject to the addition of value added tax

3.3 Notwithstanding the provisions of clause 3.1, where there are three or more parties in dispute the ARF will determine the amount of the Mediation Fee as it considers appropriate in relation to the number of parties in dispute, the complexity of the issues and the volume and complexity of documents

3.4 The Mediation Fee shall be borne equally between the parties in dispute  unless otherwise agreed by the parties.

3.5 The parties shall pay the full amount of the Mediation Fee to the ARF immediately following the execution of this agreement and in advance of the Mediation.  Any reasonable travel, accommodation and subsistence expenses which cannot be identified accurately or at all when this agreement is signed shall also be borne equally by the parties in dispute and paid when identified immediately on demand to the ARF.  The parties in dispute agree that the ARF shall determine in their reasonable discretion whether any such expenses shall be reasonable.

3.6 The parties acknowledge and agree that the Mediation Fee is for the Mediation Period and that any further mediation period is not covered by the Mediation Fee.

3.7 The Mediation Fee will not be repaid if the parties in dispute settle their dispute or cancel prior to the Mediation or a further mediation meeting.

4. Consulting with Legal Advisers

4.1 A party in dispute does not have to be legally represented at the Mediation.

4.2 Where a party in dispute intends not to be legally represented, such party should consider obtaining independent legal advice prior to the Mediation.

5 Private Sessions

5.1 The Mediator will hold separate private meetings with each of the parties.  Such private meetings are intended to improve the Mediator’s understanding of each party’s position and to assist the Mediator in expressing each party’s viewpoint to the other party if, and only if authorised to do so.

5.2 Information gained by the Mediator in such separate private meetings is confidential and will not be disclosed unless it is already publicly available or the Mediator is expressly authorised to disclose it.

6.  Confidentiality

6.1 The parties recognise that the Mediation is for the purpose of attempting to achieve a negotiated settlement and as all such information disclosed or provided during the Mediation is without prejudice to the rights of the parties in dispute and, if the Mediation is unsuccessful, will not be admissible in evidence in any litigation or arbitration of the dispute.

6.2 Evidence which is otherwise admissible shall not be rendered inadmissible as a result of its use in the Mediation.

6.3 The parties expressly undertake and agree not to subpoena or otherwise require the ARF, a director or officer or other employee of the ARF, the Mediator [or any other person attending the mediation] to testify in any court or tribunal or to produce records, notes or any other information or material whatsoever in any  continuing or future proceedings.

6.4 All documents, statements, information and other material produced to or during the course of the Mediation (except to the extent that documents have been disclosed already and are relevant in the proceedings) shall be held in confidence by the parties and shall be used solely for the purposes of the Mediation.

6.5 At the termination of the Mediation all such documents, statements, information and other material in the possession of the ARF and the Mediator shall be returned to the originating party or immediately destroyed unless otherwise agreed between the parties.

7.  Termination of the Mediation

7.1 Any of the parties including the Mediator shall be entitled, in their absolute discretion, to terminate the Mediation at any time without giving any reason.

8. Further Mediation

8.1 The parties shall inform the Mediator prior to the expiry of the agreed period of the Mediation if they wish the Mediation to be extended beyond the agreed period, such further mediation period either to follow on immediately from the Mediation or on a date in the future.

8.2 The terms and conditions set out in this agreement will apply, except as varied by the terms of this clause 8., to the further mediation, including payment of travel, accommodation and subsistence expenses, if any, reasonably incurred by the Mediator and payment of the fee, if any, for premises for the mediation meeting, if the meeting takes place at premises other than those of the Mediator except that the fee for the further mediation meeting will be as follows:

8.2.1 the mediation meeting fee:

– a half day   Euro [150]    – a whole day:   Euro[275]

– an hourly rate of:   Euro[50]

8.3 The parties in dispute will agree with the Mediator as soon as practicable, if it is not immediately to follow the Mediation, the date, time and place of the further mediation.  The parties in dispute agree to bear the further mediation fees equally and to pay the further mediation fee to the ARF immediately on demand and prior to a further mediation meeting which takes place on a different date from the Mediation. A further mediation taking place on a date after the Mediation cannot proceed until the further mediation fee has been paid.

Signed for and on behalf of [    ]

by

Signed for and on behalf of [    ]

by

Signed for and on behalf of [    ]

by

Accepted to administer the Mediation as set out above:

Signed for and on behalf of the Romanian Franchise Association

by Appointed to and willing to undertake the Mediation as set out above:

Signed by

Mediator

 

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