THE MEDIATION AGREEMENT
This Mediation agreement;
……………………………….. residing at address
…………………………………………………………………………….. with…………………………………… at
the PARTIES who have concluded the contract between the PARTIES shall be referred to as the PARTIES. dec.
SUBJECT OF THE CONTRACT______________ :
APPOINTMENT and ROLE OF THE MEDIATOR :
As determined in the program, the mediator is appointed by the parties, and the mediator mediates the settlement of the dispute depending on the rules of the contract specified in the program.
The mediator is obliged to act impartially while conducting the mediation activity and cannot take attitudes and behaviors that will lead to doubts about his impartiality.
The mediator cannot decide in favor of any party, and the arbitrator cannot act as a lawyer.
The mediator cannot give legal advice to the parties during the execution of the process; he cannot develop a solution proposal or a catalog of proposals and impose it on them, as well as force them to agree on a solution proposal developed during the negotiations. However, in the context of a dispute resolution by one of the parties, the submission of a proposal submitted by the mediator to the other party and the receipt of its statement on this issue cannot be considered in this context.
Unless otherwise dec between the parties and the mediator, mediation is carried out at the time and place specified in the schedule.
If it is not agreed by the parties, the mediator shall carry out the mediation activity taking into account the nature of the dispute, the wishes of the parties and the procedures and principles necessary for the speedy resolution of the dispute.
As a result of its nature, such as discovery, contacting an expert witness and listening to witnesses, transactions that can only be performed by a judge as a use of judicial authority cannot be performed by a mediator.
The mediator can give instructions on the way the mediation is conducted. The instructions may cover:
Preparatory negotiations before mediation;
The steps to be taken to define the issues, to summarize the dispute, to determine the areas of the agreement and to reveal the principles of the dispute;
Submission of reports, documents and written statements related to mediation to the mediator before mediation;
A sample of an incoming document that must be provided to the mediator within the framework of the mediation activity is also provided to the other party to the dispute.
The parties should cooperate and act honestly. It should act in good faith throughout the mediation activity and give reasonable responses to reasonable suggestions.
CONFLICT OF INTERESTS
The mediator is obliged to inform the other party of the solution he has reached with any party.
A person appointed as a mediator is obliged to inform the parties if there are important circumstances and conditions that will require suspicion of his impartiality, or if these circumstances and conditions arise later. Despite this statement, if the parties jointly request the mediator to perform the task, the mediator may assume this task or continue the task that he has undertaken. REPRESENTATION IN MEDIATION:
Adhering to this agreement and unless the parties agree otherwise, they must take part in all stages of the mediation.
If one of the parties is not a natural person, it must be represented by a natural person who has the authority to represent during the mediation process. This person:
Negotiate and find a break dec;
He has the powers to sign the treaty.
If one of the parties is not a natural person, the interested party must participate in mediation, but if one of the parties is a company administrator, this person may transfer the representation authority to a third party.
One of the parties can use a lawyer or expert witnesses to help him or her and give advice.
COMMUNICATION BETWEEN THE MEDIATOR AND THE PARTIES:
The mediator can meet and communicate with each of the parties individually or together. The parties may also participate in these negotiations through their proxies.
The mediator may communicate with the parties orally or in writing if he deems it appropriate. If the mediator only meets with dec communicates with one of the parties, he is not obliged to share this with the other party.
Any information transmitted orally or in writing by one of the parties to the mediator is not required to be shared with the other party unless the interested party requests it and the legal regulations deem it necessary.
THE PRINCIPLE OF CONFIDENTIALITY IN MEDIATION:
Unless otherwise agreed by the parties, the mediator is obliged to keep confidential the information and documents submitted to him or obtained in another way within the framework of the mediator’s activity, as well as other records.
During the mediator’s activity, photographs cannot be taken, audio and video recordings cannot be made.
The obligation to comply with the confidentiality rule also includes persons working alongside the mediator and those who have completed an internship within the framework of the relevant relevant legislation on supervision and supervision.
Unless otherwise agreed, the parties and their proxies, if any, are also obliged to keep confidential the information and documents obtained or otherwise learned within the framework of the mediator’s activity, as well as other records.
The scope of the agreement reached at the end of the mediation activity is determined by the parties, if the agreement document is issued, this document is signed by the parties and the mediator, and from this moment it becomes binding on the parties.
TERMINATION OF MEDIATION:
The expiration of the period allotted to the mediation activity, and during this period no agreement will be reached;
Signing of a settlement agreement by the parties;
After one of the parties has consulted with the mediator, he must give written notice to the mediator and the counterparty;
it ends in their situation.
The parties are responsible for the mediator’s fee and the payment of the costs specified in the contract.
Unless otherwise agreed by the parties, the parties are obliged to cover their own expenses.
Unless otherwise agreed, the fee for mediation is determined according to the tariff in force on the date of termination of the activity, and the fee and expense are borne equally by the parties.
The mediator may not charge any fees in relation to the mediation process in exchange for mediating for certain people or recommending certain people. Transactions established in violation of this law are falsified.
The Address of the Mediator
Time and Place of Mediation
The Mediator’s Fee
Mediation fee per day
Mediation fee per hour
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First Name Last Name First Name Last Name