Rules

NIPC Mediation Rules
Version 1.1 16 Aug 2010


1.       Interpretation

(1)        Unless the context requires some other meaning:

(a)        the following expressions shall have the following meaning;

 “the Agreement” means an agreement that provides for a dispute or difference to be referred to Mediation by a Panellist in accordance with the Rules;

“the Code” means the European Code of Conduct for Mediators;

“the Company” means NIPC Ltd. a private company incorporated in England and Wales with limited liability having its principal place of business at the Media Centre;

 “the CPR” means the Civil Procedure Rules for the time being including all practice directions, court guides and protocols;

“the Invitation” means an invitation to mediate in accordance with Rule 4 (5);

“the Media Centre” means Kirklees Media Centre at 7 Northumberland Street, Huddersfield, HD1 1RL;

"Mediation" means a structured process whereby the Parties attempt to settle their dispute with the assistance of a Mediator;

"the Mediator" means the person who conducts a Mediation;

“The Panel” means the Mediators managed and marketed by the Company for the time being;

“Panellist” means a member of the Panel;

“the Parties” means the parties to an Agreement;

“the Rules” means these mediation rules;

(b)        references to the singular connote the plural and vice versa; and

(c)        references to the masculine shall connote the feminine or neuter and vice versa.

(2)        The headings to these provisions are intended to facilitate reference and neither form part, nor affect the construction, of the Rules.

(3)        The European Code of Conduct for Mediators shall form part of these Rules.

(4)        The Rules shall be construed and enforced in accordance with the laws of England and Wales. 

2.       The Agreement

(1)        For the purposes of these Rules, an “Agreement” includes a mediation clause and a reference to a document containing a mediation clause.

(2)      Every Agreement shall be in writing and signed by or on behalf of each of the Parties.

(3)        Every Agreement shall incorporate the Rules.

(4)      A mediation clause shall continue to bind the Parties even if the agreement of which it forms part, (or some other clause or clauses of such agreement) should be void or unenforceable.

(5)        An Agreement shall not be discharged by the death or incapacity of a Party.

3.         Service of Documents

(1)        If the Agreement provides expressly for the service of notices or the giving of notifications, such provisions shall prevail.

(2)        If the Agreement makes no such provision, Part 6 of the CPR shall apply mutatis mutandis.

(3)        Each Party shall lodge with the Company a copy of any document that it may serve upon any other Party.

(4)        All correspondence to the Company or the Mediator (including notices and notifications and copies thereof) shall be addressed to the Media Centre. 

4.          Commencement

(1)         A Mediation commences upon the appointment of a Mediator.

(2)         If the Agreement contains express provisions for the appointment of a Mediator, those provisions shall prevail.

(3)         In the absence of any such provisions, the following procedure shall apply.

(4)         Either Party may invites another Party or Parties to refer their dispute or difference to Mediation in accordance with the Rules.

(5)         Such invitation shall be in writing and shall state the following:

(a)        the names, postal and email addresses, telephone and fax numbers of the Parties to the dispute;

(b)        the relevant terms of the Agreement;

(c)        a brief summary of all facts and matters in dispute;

(d)        a history of any steps that may have been taken to resolve the dispute including litigation;

(e)        the nomination of one or more Panellists as the Mediator; and

(f)         a request to concur in the appointment of such Panellist as Mediator within 28 days.

(6)        The invitation shall be signed by the requesting Party or its agent and served on the other Party or Parties in accordance with Rule 3.

(7)         If the other Party or all other Parties accept such nomination in writing within 28 days, the nominated Panellist shall be appointed as the Mediator.

(8)         If the Parties are unable to agree such appointment within 28 days, any Party may ask the Company to appoint one of the Panellists as the Mediator.

5.          Conduct of the Mediation

(1)        The Mediator shall have discretion to conduct the Mediation as he or she thinks fit.

(2)         The Parties shall use their best endeavours to assist the Mediator to conduct the Mediation fairly and efficiently.

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

(a)        co-operate with the Mediator and with each other in setting a date for the Mediation;

(b)        comply with any directions the Mediator may make as to exchanging and lodging positions statements;

(c)        supply full and accurate information and such documents as the Mediator may require from time to time;

(d)        attend punctually and remain at the venue for the Mediation for so long as it continues; and

(e)        act courteously towards each other and the Mediator at all times.

(4)        The Mediation shall continue until:

(a)        the Parties reach a settlement;

(b)        one of the Parties withdraws from the Mediation; or

(c)        the Mediator decides that there is no real prospect of settlement.

(5)        A Mediation may take place in more than one session and at more than one venue.

(6)        A Mediation may be conducted by telephone or video conference. 

6.         Confidentiality

(1)        Every statement and communication by the Mediator and any Party made in the course of, or in preparation for, the Mediation shall be covered by “without prejudice” privilege.

(2)        Every statement and communication between the Mediator and a Party shall be confidential.

(3)        No record of the Mediation and no document prepared expressly for the Mediation shall be produced in evidence in any subsequent litigation, arbitral or other dispute resolution proceedings.

(4)        Neither the Mediator nor any person present at the Mediation shall be compelled to give evidence on the Mediation.

(5)        Each Party shall renounce any claim to bring an action for groundless threats against any other person for anything said or done in the course of the Mediation. 

7.       Immunity

Neither the Mediator nor the Company shall be liable for anything done or omitted in the discharge or purported discharge of the Mediator’s functions unless the act or omission is shown to have been in bad faith. 

8.       Fees and Expenses

(1) The Company and the Mediator may charge the Parties for their respective services and facilities at their published rates for the time being.

(2)  The Company and the Mediator are entitled to be reimbursed by the Parties for their respective expenses.

9.       Jurisdiction

Each Party submits irrevocably to the jurisdiction of the courts of England and Wales.

10.     Variations

The Company may add to or amend or revoke any of these Rules at any time without notice.