The parties appoint and retain James C. Melamed, J.D., a lawyer, as mediator. The parties understand that mediation is an agreement process in which the Mediator helps the parties reach an agreement in a collaborative and informed manner. It goes without saying that the Mediator does not have the power to decide matters for the parties. The parties understand that mediation is not a substitute for independent legal advice. The Parties are encouraged to ensure such consultation throughout the mediation process and it is recommended that an independent legal review of a negotiated formal agreement be obtained prior to the signing of this Agreement. The parties understand that the Mediator is required to work on behalf of all parties and that the Mediator cannot provide any individual legal assistance to any party and will not conduct therapy or mediation as part of the mediation. The parties agree with ______ who presents the Ombudsman as a witness, sets out a summons against the Ombudsman or demands the publication of the Ombudsman waives his right to invoke and enforce the confidentiality provisions of this agreement with the Ombudsman. With regard to political considerations, the Tribunal stated (at paragraph 58): “There is a clear and strong policy in favour of the application of rules of alternative dispute resolution and the encouragement of parties to attempt to resolve disputes prior to litigation. Where a contract contains valid mechanisms for resolving potential disputes between the parties, it is generally necessary for the parties to follow that mechanism and the court will not allow legal action to be taken against that agreement. “While Ohpen was scheduled to start providing some of its digital services in March 2017, there were delays and the parties argued over responsibility for the delays and the revised launch date. Invesco resigned on 11 October 2018.
Subsequently, Ohpen challenged the validity of Invesco`s termination, but stated that it accepted Invesco`s negative infringement. Both sides had agreed that their main commitments had been terminated in the original framework agreement. However, they remained in conflict as to which party had a substantial and/or negative breach of contract. a) The parties to this agreement agree that communications and documents shared in this mediation will not be transmitted to persons who are not parties to this mediation, unless: if payment is not made in a timely manner, the Mediator may, at its discretion, suspend all work on behalf of the participants, including the elaboration and/or distribution of the agreement of the participants; and withdraw from mediation. (i) the person has signed the mediation agreement; (ii) the information is otherwise made public; or (iii) the person to whom the information is transmitted is legal or financial adviser to a Party to this Agreement 6. While all parties intend to continue mediation until a settlement agreement has been reached, it is considered that either party may at any time resign from mediation. In exercising its power to enforce the mediation agreement by granting a stay of proceedings, the Tribunal gave additional instructions to improve the parties` prospects in the settlement of their rights to mediation: the Tribunal asked the parties to provide each other with pleadings “so that substantive issues could be settled before mediation”. .
