Terms of Participation in Mediation

Mediation nº ____________

TERMS OF PARTICIPAION IN MEDIATION

By this Mediation in Participation Agreement ( “Agreement”), the Mediare Board – Dialogs ( “?Chmaber”) and the mediators and the parties (people under mediation, their lawyers and advisors, and others involved in mediation) identified and qualified to the final of this instrument , agree to participate in mediation indicated in the object clause below ( “mediation”) by the following terms and conditions:

 

I – Object

The object of this Agreement is the agreement on the guiding participation in mediation under the Ethical Standards Regulations and Procedural mediation of Mediare Chamber – Dialogs ( “Regulation”). The controversy referred mediation is described in Background Information corresponding form ( “Form”). The fees bases of the mediators and the Chamber service fees as well as the provisions on costs incurred in mediation, are shown in fee and commission proposal ( “Proposal”), here ratified, except as is except for the end of this instrument . The documents cited in this term are incorporated by reference.

 

II – Chamber of Duties

The Board shall endeavor to meet as good practice the needs of the parties and mediators, with efficiency and zeal, the activities in charge, in accordance with the provisions of Regulation.  

 

III – Duties of mediators

Mediators will take care that a balance of participation, information sufficiency and decision coauthored, including suggesting that people under mediation seek technical and legal information, as appropriate.

 

IV – Duties of participants

The people under mediation commit to the role, non-adversarial posture and the search for effective solutions and mutual satisfaction.

 

V – Secrecy

The signatories of this Agreement shall respect the confidentiality of mediation, except as is except for the end of this term or in the Confidentiality Agreement. Mediators should not act as a witness in court or arbitration proceedings which concerns mediation. If the mediators know of imminent or continuing offense, shall terminate the procedure and may report it to the authorities.

 

VI – Assistance

The people under mediation may be accompanied by lawyers, advisors or other people you trust, by the consensus of all and the extent of compliance with the ethical commitment, procedural and confidentiality rules. If any (s) part (s) is (m) advised (s) by a lawyer and the other (s), not the mediator suspend the procedure until all are well.

 

VII – Meetings and minutes

Meetings may be joint or private (ensuring equal opportunities) at the discretion of mediators and by consent of the parties. The people under mediation shall agree communicating to mediators when wishing to receive the minutes of meetings.  

 

VIII- Judicial  or arbitral

The Parties shall give priority to mediation, requesting the suspension of court or arbitration proceedings.

 

IX – Place and language

Unless formally agreed differently between the parties and the mediators, mediation will be held at the Chamber and the language used will be the Portuguese.    

 

X – Closing

The procedure will be terminated by formalizing specific term which shall record the completion of the work and commitments, if any. The suspension or termination may be defined by any of person under mediation, at any time, without declining the reason, or by mediators, in accordance with Regulation. The closing Term or suspension shall be prepared by the mediators, people under mediation, lawyers and advisers, and signed by all.

This Term is signed in number of ways corresponding to the number of people who initiate and sign it.

(Local), ___ of _________________ de 20__.

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