Mediation Agreement - Template, Sample Form to Fill out Pro · NG-law
✓ Valid in Nigeria · drafted to comply with local law
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MEDIATION AGREEMENT
THIS MEDIATION AGREEMENT (this "Agreement") is made on ________ BETWEEN:
(1) ________, of the following address: ________ ("the First Party");
AND
(2) ________, of the following address: ________ ("the Second Party").
The First Party and the Second Party are individually referred to as a "Party" (which expression shall, where the context so admits, include its successors-in-title and permitted assigns) and collectively referred to as the "Parties".
WHEREAS:
A. The Parties have entered into a legal relationship as described in this Agreement and desire to settle any dispute, controversy or claim arising out of or in connection with that legal relationship amicably through mediation.
B. The Parties acknowledge the policy of the law of the Federal Republic of Nigeria favouring the amicable resolution of disputes, and in particular the Arbitration and Mediation Act, 2023, which governs mediation and the recognition and enforcement of settlement agreements resulting from mediation.
C. The Parties further agree that where any dispute is not resolved through mediation, the same shall be referred to arbitration in accordance with this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. LEGAL RELATIONSHIP
1.1 The Parties have entered into a legal relationship described as follows: ________.
1.2 The said legal relationship is established by virtue of the following contract: ________, executed on ________ (the "Principal Contract").
1.3 This Agreement shall apply to any dispute, controversy, difference or claim arising out of or in connection with the Principal Contract or the legal relationship described above, including any question regarding its existence, validity, breach or termination.
2. AGREEMENT TO MEDIATE
2.1 The Parties agree that any dispute arising out of or in connection with their legal relationship shall, in the first instance, be submitted to mediation conducted in accordance with this Agreement and the Arbitration and Mediation Act, 2023.
2.2 The Parties acknowledge that mediation is voluntary and consensual, and that either Party may withdraw from the mediation process at any time upon written notice to the other Party and the Mediator.
2.3 The Parties understand that the Mediator shall not provide legal advice or counsel to either Party in relation to the matter in dispute, and each Party is advised to obtain independent legal advice from a legal practitioner of its choice.
2.4 The Mediator shall not make any binding determination or ruling on any matter, but shall facilitate the Parties in reaching a collaborative and mutually acceptable settlement. Where the Parties are unable to reach a settlement, the dispute may be referred to arbitration in accordance with Clause 10.
3. THE MEDIATOR
3.1 The Parties agree to mediate their dispute with an independent and neutral third party, namely ________, of ________ (the "Mediator"), who shall facilitate dialogue between the Parties to assist them in reaching a mutual settlement.
3.2 Where the Parties fail to agree on the appointment of a Mediator, the Mediator shall be appointed by ________.
3.3 The Mediator shall assist the Parties, both privately and collectively, to identify the issues in dispute, explore options for settlement, and reach and accept a mutual settlement.
3.4 The Mediator shall be responsible for the following:
(I) determining, in consultation with the Parties, the most appropriate and acceptable structure for the mediation process;
(II) holding private and joint sessions with the Parties as may be required;
(III) discussing and explaining the mediation proceedings and process with the Parties and their legal representatives;
(IV) requesting any document, material, witness, expert or other material required during the mediation;
(V) assisting the Parties to reach a mutual and amicable settlement.
4. FEES
4.1 The Mediator shall be entitled to the sum of ________ (________) (the "Fees") as compensation for the mediation services.
4.2 The Fees and any disbursements properly incurred by the Mediator shall be borne equally by the Parties, and each Party shall remain individually responsible for its respective share.
4.3 Any applicable taxes, including value added tax, shall be borne in accordance with applicable Nigerian tax legislation.
5. MEDIATION PROCEEDING
5.1 Each Party may be represented in the mediation by a legal practitioner. The legal representatives may provide legal advice to the Party they represent, negotiate and execute a binding settlement agreement on behalf of that Party, and encourage an amicable and mutual settlement between the Parties.
5.2 Experts, professionals and witnesses may be required and admitted in the mediation process. All persons participating in the mediation, including experts, professionals and witnesses, shall be bound by the confidentiality obligations under this Agreement.
5.3 The mediation shall take place at the following venue: ________.
5.4 The Mediator shall determine the procedure for the conduct of the mediation, having regard to the circumstances of the dispute and the wishes of the Parties.
5.5 The mediation shall be conducted in the English language. Where a Party wishes to participate in any other language, that Party shall, with the consent of the other Party, provide a competent interpreter at its own expense.
5.6 Where the Parties are unable to resolve the dispute or reach a settlement through mediation, the matter shall be referred to arbitration in accordance with Clause 10.
6. CONFLICT OF INTEREST
6.1 The Mediator shall act independently and impartially, and shall discharge his or her duties fairly and in accordance with the applicable rules and code of ethics of the Mediator's profession, and shall not engage in any activity or transaction that gives rise to a conflict of interest.
6.2 The Mediator shall not have any direct or indirect relationship, whether past or present, with any of the Parties, whether in a professional, financial or other capacity, save as disclosed in writing prior to the commencement of the mediation.
6.3 The Mediator shall, before accepting appointment and at any time thereafter, disclose in writing to the Parties any circumstance likely to give rise to justifiable doubts as to the Mediator's impartiality or independence.
7. TERMINATION
7.2 The termination of the mediation process shall not affect the rights and obligations of the Parties under this Agreement that are intended to survive such termination, including the obligations of confidentiality under Clause 9.
8. SETTLEMENT AGREEMENT
8.1 Where the Parties reach a mutual and amicable resolution of their dispute through mediation, the terms of such settlement shall be reduced into writing in a settlement agreement.
8.2 The settlement agreement shall be prepared, signed and authenticated by the Parties, and shall set out the terms and conditions agreed upon by the Parties for the resolution of the dispute.
8.3 Upon execution, the settlement agreement shall be final and binding on the Parties, and each Party undertakes to comply with and give effect to its terms.
8.4 A settlement agreement resulting from this mediation shall, where it satisfies the requirements of the Arbitration and Mediation Act, 2023, be recognised as binding and enforceable, and either Party may apply to a court of competent jurisdiction to enforce its terms.
9. CONFIDENTIALITY
9.2 Any material or document presented during the mediation shall be treated as confidential and shall not be admissible in any subsequent arbitration, litigation or other proceeding, except where:
(I) it is held admissible by any law, regulation or court of competent jurisdiction;
(II) the document or material would have been available for discovery in arbitration or litigation proceedings independently of the mediation; or
(III) disclosure is required to perform or enforce a legal obligation or the settlement agreement.
9.3 Neither Party shall call the Mediator or any witness to the mediation to give evidence regarding the mediation process in any subsequent proceeding, except where such evidence is compelled by a court of competent jurisdiction.
9.4 This confidentiality obligation shall apply to all persons involved in the mediation during and after the conclusion of the mediation process and after the termination of this Agreement.
9.5 Where any personal data is processed in connection with the mediation, the Parties shall comply with the Nigeria Data Protection Act, 2023 and any regulations made thereunder.
10. ARBITRATION
10.1 The Parties agree to use their best endeavours to negotiate and settle any dispute or difference arising out of or in connection with this Agreement amicably.
10.2 Any dispute which is not resolved through mediation shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Mediation Act, 2023 or any statutory re-enactment or modification thereof.
10.3 The arbitral tribunal shall consist of ________ arbitrator(s), who shall be appointed in the following manner:
________
10.4 The seat of arbitration shall be ________, and the arbitration shall be conducted in the English language.
10.5 Each Party shall bear its own costs and expenses in relation to the arbitration proceedings, save where the tribunal otherwise directs in its award.
10.6 The award of the arbitral tribunal shall be final and binding on the Parties and may be enforced by any court of competent jurisdiction.
11. GOVERNING LAW AND JURISDICTION
11.1 This Agreement shall be governed by, and construed in accordance with, the laws of the Federal Republic of Nigeria.
11.2 Subject to Clause 10, the courts of ________ shall have jurisdiction in respect of any matter arising out of or in connection with this Agreement.
12. ASSIGNMENT
12.1 This Agreement shall be binding on the successors-in-title of the Parties.
12.2 The rights and obligations under this Agreement shall not be transferred, sold, assigned or sub-contracted by either Party without the prior written consent of the other Party.
13. MISCELLANEOUS
(I) Variation: This Agreement may only be amended or varied in writing and signed by or on behalf of both Parties. No delay or omission in exercising any right under this Agreement shall be construed as a waiver of that or any other right.
(II) Notices: All notices under this Agreement shall be in writing and shall be delivered personally, sent by registered or certified post, or by electronic mail, to the relevant Party's address stated in this Agreement, and shall be deemed duly given upon receipt.
(III) Severability: If any provision of this Agreement is held to be invalid, illegal or unenforceable, such provision shall be severed and the remaining provisions shall continue in full force and effect.
(IV) Entire Agreement: This Agreement constitutes the entire agreement between the Parties in respect of its subject matter and supersedes all prior negotiations, representations and understandings.
(V) Headings: Headings in this Agreement are for convenience only and shall not affect its construction or interpretation.
(VI) Counterparts: This Agreement may be executed in any number of counterparts, each of which when executed shall constitute an original, and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF the Parties have executed this Agreement on the day and year first above written.
SIGNED by the within-named First Party: ________
_______________________
Signature
in the presence of:
Name: ________
Address: ________
Occupation: ________
Signature: .........................................................................................................
SIGNED by the within-named Second Party: ________
_______________________
Signature
in the presence of:
Name: ________
Address: ________
Occupation: ________
Signature: .........................................................................................................
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