Jane Lambert's Terms of Appointment

1. Interpretation

(1) Save where the context otherwise requires:

“The Neutral” means Jane Lambert of The Media Centre, 7 Northumberland Street, Huddersfield, HD1 !RL;

"Party" means a party referring a dispute to the Neutral for resolution.

(2) The masculine gender connotes the feminine or neuter and vice versa as the case may require.

(3) The singular includes the plural or vice versa as the case may require.

2. Appointment

The Parties will enter a written agreement with the Neutral identifying the dispute and specifying the method by which they wish it to be resolved.

3. Parties’ Duties

(1) Each Party shall use his or her best endeavours to resolve the dispute fairly and cost-effectively.

(2) Without prejudice to the generality of the foregoing, each Party shall

(a) deliver to the Neutral such documents as she may reasonably require;

(b) attend punctually any hearing, meeting or other appointment before the Neutral;

(c) comply with any orders or directions that she may make; and

(d) generally act reasonably and expeditiously in all dealings with the Neutral.

4. Additional Provisions for Mediation

(1) For the purposes of this provision “the Neutral” means “the Mediator”.

(2) Any written or oral communication made by any of the Parties in the course, or for the purpose of a mediation shall be treated as if it had been made in the course of "without prejudice" negotiations.

(3) The general law of confidence will apply to any oral information or document that may be imparted to the Neutral in confidence.

(4) A Party shall not call the Neutral as a witness in any proceedings relating to a mediation.

(5) Unless the Parties agree otherwise, a mediation will be conducted in accordance with the NIPC Mediation Rules.

5. Additional Provisions for Arbitration

(1) For the purposes of this provision “the Neutral” means “the Arbitrator”.

(2) The Neutral will try, but will not be obliged, to prepare her award within 14 days of closing submissions.

(3) The Parties shall notify the Neutral of any settlement and advise her of its terms should they require an award.

(4) Unless the Parties agree otherwise, an arbitration will be conducted in accordance with the NIPC Arbitration Rules.

6. Fees

(1) Unless the Neutral agrees otherwise the Neutral will charge by the hour for her services.

(2) The Neutral shall be entitled to:

(a) a booking fee or of 50% of the fee for the estimated time of a hearing or meeting, payable by the party or parties requesting a hearing or meeting provided that the Neutral shall give credit for that fee against any other fees that may become due in respect of the time reserved: and

(b) a cancellation fee of 50% of the fee for the first day or part of a day for a hearing or meeting that is cancelled or postponed at the request of a Party more than 24 hours but less than 5 working days before it is due to start and 75% of that fee for a hearing or meeting that is cancelled or postponed less than 24 hours before it is due to start.

(3) The Parties shall be jointly and severally liable for the Neutral’s fees.

(4) Such fees shall be exclusive of value added tax at the standard rate

(5) The Neutral may charge interest on any sum due to her for more than 28 days from the date of her fee note until judgment or sooner payment computed on a day to day basis at the annual rate of 4 percent above the base rate of the Bank of Scotland for the time being.

7. Expenses

(1) The Parties will be jointly and severally liable for the hire of the venue and the Neutral’s reasonable expenses.

(2) For the avoidance of doubt, such expenses may include:

(a) bed and breakfast at a first class hotel as close as possible to the venue should an overnight stay be required;

(b) lunch and dinner at such an hotel;

(c) first class rail or club class air;

(d) taxis between the hotel, venue and nearest railway station; or

(e) mileage at the rate of 56p per mile.

8. Proper Law

These terms will be construed and enforced in accordance with the law of England and Wales.