Mediation resolution

Mediation resolution

Conflict Resolution to implement in any contract

1. Notification of Breach

In the event a party is of the opinion that the other party is in breach of any of the provisions of this Agreement, the party shall give notice in writing to the other party. The notice shall be sent by registered mail and must specify the following:

(a) The nature of the breach; and,

(b) The actions the other party needs to undertake to rectify the breach.

From the date a party receives notification of a breach in accordance with this section the party will have a period of 30 days to rectify the breach.

2. Failure to Rectify Breach(s)

In the event that a party fails to rectify a breach of which the other party has sent notice, the parties will attempt to resolve this conflict through mediation.

3. Request for Mediation

Mediation is initiated when one party provides written notice to the other specifying the following:

(a) The date of the Request

(b) The nature of the conflict;

(c) The remedy sought; and,

(d) The name and address of the appointed representative of the party.

4. Response to Request

Upon receipt of a request for mediation the other party shall, within 30 days, provide a response that specifies the following:

(a) The date of the Response

(b) Verification, refutation and/or clarification of the nature of the conflict as specified in the request for mediation;

(c) Proposed action that can be taken to resolve the conflict; and,

(d) The name and address of the representative of the other party.

In addition to sending this notice to the head office of the initiating party notice shall be sent to the representative of the initiating party.

5. Mediator

The mediator shall be Michael Boelrijk, LL.D., LLM, NMI-mediator,

6. Duration of Mediation

From the date of the Response sent in accordance with the previous section of the General Agreement, the parties will have 90 days to mediate and resolve conflicts. This time-period can be extended with the written consent of both parties.

7. Mediation Process

The representatives of the parties must meet on at least three separate occasions, in accordance with the following schedule:

(a) One meeting within the first 30 days of the mediation process,

(b) One meeting between the first 31 and 60 days of the mediation process;

and, (c) One meeting between the first 61 and 90 days of the mediation process.

The representatives may meet more frequently, at their discretion.

8. Goals of the Mediation Process

During the mediation meetings the representatives shall attempt to resolve the conflict between the parties. Specifically, the representatives should do the following:

(a) Clarify the factual misunderstandings between the parties;

(b) Attempt to settle the conflict between the parties; and,

(c) Recommend amendments to General Agreement, if appropriate, to avoid any recurrence of the conflict.

9. Certification of Mediation Process

In the event that the conflict cannot be resolved to the mutual satisfaction of the parties, parties may only initiate legal proceedings after the representatives have made statements specifying the following:

(a) The dates upon which formal mediation occurred;

(b) The issues that were resolved through mediation;

(c) The issues that remain outstanding after mediation; and,

(d) That further mediation is unlikely to resolve the outstanding issues.

Notification by Empathy.NL Mediation-Consultancy:

Mediation is not suited for all parties. Mediation is less succesful where: 1. Equality is missing between the parties and one of the parties cannot adequately represent itself or, alternatively, obtain legal assistance, or 2. Where there is a lack of interest in a future relationship between the parties, whereby one of the parties is either not interested in conciliation, wishes to employ delay tactics or wishes to set legal precedence or obtain an award on principal.

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