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This Agreement to Mediate, made on the
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_______________ day of ________________ 200_,
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at _________________________, _______________________
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| This is an agreement between: |
| _______________________ , representing _______________________,
and |
| _______________________ , representing _______________________
. |
| (Mediator) to enter the process
of Mediation: |
|
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| In the Matter of Mediation
of: |
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| Whereas: |
| The parties choose mediation as the dispute resolution
mechanism as opposed to the traditional approach of the Canadian
Transportation Agency (Agency). The parties and the mediator
agree to negotiate in the mediation process in good faith and
with a concerted effort to resolve the dispute. |
| The Parties Also Agree to
the Following: |
| 1. Role of Mediator: The mediator will
act in the capacity of a neutral, third-party facilitator in
the course of negotiations towards reaching a solution to the
dispute in question. |
| 2. Code of Conduct: The mediator, along
with the parties involved in the mediation process shall establish
and agree to basic ground rules that will facilitate the process
of mediation. The parties shall act in good faith. |
| 3. Impartiality: The mediator is a completely
impartial third party and shall not advance the interests of
one party at the expense of another. |
4. Confidentiality: All information disclosed
in the process of mediation shall remain confidential, unless
agreed to by the parties. All information, including but not
limited to oral proposals, written evidence, data, reports and
other evidence, presented during mediation sessions cannot be
used
by the other party if the matter proceeds to the Agency or another
body. The mediator cannot be compelled to testify or provide
documentation regarding the issues discussed during the mediation
process except under lawful authority. The parties agree not
to call the mediator as a witness in the course of any legal
proceedings, nor subpoena any records or notes resulting from
the mediation sessions. The mediator shall not discuss any elements
brought forth during the course of the mediation sessions with
Agency colleagues, unless agreed to by parties. |
| 5. Authority to Settle: In order for the
negotiations to be effective, it is necessary that each party
is represented by an individual who is duly authorized to negotiate
and enter into an agreement with the other party. |
| 6. Exchange of Documents and Information:
All parties must disclose and exchange all relevant information
and documentation with the mediator and the other parties. |
| 7. Summary Report: Prior to mediation,
it is agreed that each party will submit a brief summary of
the issues in dispute to the mediator within a given number
of days agreed to by all parties, before the first mediation
session. |
8. Scope and Time Frame of Mediation: The
mediator and the parties shall establish the scope and the time
lines for mediation. Both parties must agree to an indefinite
extension of the statutory deadline if the matter is before
the Agency prior to mediation. This extension of time will be
for a
period sufficient to allow the mediation process to be completed
or, if the case returns to the Agency for resolution through
the traditional process, for sufficient time for such resolution. |
| 9. Legal Counsel/Advice: The mediator will
not advise either party regarding legal or any other issues.
The parties shall secure their own independent legal counsel,
if they deem it necessary, to completely understand the ramifications
of the settlement. |
| 10. The conclusion of mediation: Mediation
is a voluntary process. The process of mediation will proceed
until a negotiated settlement is reached unless one of the parties
withdraws from the process or in the instance the mediator believes
that it is not possible to reach an solution. In the event of
a partial solution with an application before the Agency, the
parties will notify Agency of the disposition, areas of agreement
and areas remaining in dispute that require formal Agency resolution. |
| Signed: |
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Party 1: ____________________
Party 2: ____________________
|
Mediator: ________________________ |
