Terms &
Conditions

1. Mediator Supply

The Olive Branch Company ("TOBC") will supply the mediator chosen by the Parties ("the Mediator") to mediate the Dispute.

2. Mediator Responsibilities

The Mediator shall:

• Determine the procedure at and for the Mediation to include the submission of any documents to the Mediator or between the Parties prior to the Mediation;
• Chair the Mediation;
• Facilitate the drawing up of any settlement agreement at the Mediation.

3. No Legal Representation

Neither the Mediator nor TOBC nor any employee of TOBC shall act for any of the Parties in connection with the Dispute.

4. No Legal Advice

The Parties accept that neither the Mediator nor TOBC is acting as agent for the Parties in connection with the Dispute and that neither the Mediator nor TOBC will offer legal advice to the Parties and that no comments made by the Mediator during the Mediation should be construed as legal advice.

5. Party Representatives

The Parties will send to the Mediation negotiators who have sufficient authority to settle or compromise the Dispute. If there are any restrictions on the authority of the persons attending the Mediation on behalf of any of the Parties they will disclose the same to the Mediator as soon as practicable and in any event before the Mediation.

6. Party Compliance

The Parties will comply with any directions made by the Mediator under paragraph 2 of this Agreement as to the conduct of the Mediation or as to the submission of any documents to the Mediator or to any other Party prior to the Mediation.

7. Mediation Details

The Mediator shall mediate the Dispute at the venue agreed by the Parties or (as the case may be) online ("the Mediation") on the Mediation Date. The Mediation will start at the time agreed by the Parties and will continue for one day (unless agreed otherwise by the Parties) until terminated by any of the Parties or the Mediator.

8. No Recording

No recording or transcript of the Mediation will be made.

9. Settlement Terms

The Parties will attend the Mediation to attempt to negotiate a settlement of the Dispute but no offer, proposals or comment made at the Mediation will constitute a binding offer or agreement until the same are committed to writing and signed by all the Parties.

10. Non-Binding Recommendations

If the Parties are unable to reach a settlement at the Mediation the Mediator may, if all the Parties so request, produce a non binding recommendation on possible terms of settlement but the Mediator shall, even if all Parties so request, be under no obligation so to do. Any such recommendation shall not represent legal advice to the Parties nor will it represent an opinion as to what a court or tribunal might order but it will set out what the Mediator considers are appropriate terms of settlement in all the circumstances.

11. Right to Withdraw

Any of the Parties may withdraw from the Mediation at any time whereupon the Mediation will terminate.

12. Continuation of Litigation

The Parties may commence or continue litigation notwithstanding the Mediation.

13. Confidentiality

Save that at all times any settlement agreement shall be confidential only so far as any settlement agreement itself shall provide: The Mediation shall be without prejudice and legally privileged and the Mediator, TOBC and the Parties will keep strictly confidential and not disclose outside the Mediation to any other person or use for their own purposes:

• The fact that the Mediation is to take place or has taken place;
• Any information or documents (whether supplied orally, in writing or otherwise) which is or are acquired by the Mediator or the Parties in the course of the Mediation (or as part of any disclosure or submission made under this Agreement prior to the Mediation);

14. Witness Exclusion

The Parties will not call the Mediator or TOBC or any employee of TOBC as witness, consultant, arbitrator or expert in any proceedings or litigation or other proceedings arising in connection with the Dispute or out of or in connection with the Mediation.

15. Document Retention

The Mediator and TOBC shall be entitled to destroy any papers received by them in connection with the Mediation at the conclusion of the Mediation.

16. Mediation Fees

TOBC's fees shall be in accordance with TOBC's published fee rates (plus VAT) unless agreed otherwise ("the Mediation Fee").

17. Payment Terms

The Mediation Fee shall be payable by each of the Parties by the date and time directed by TOBC.

18. Cost Allocation

Subject to clause 20 below, each Party shall in the absence of agreement to the contrary bear their own costs and expenses of attending the Mediation. If a charge is made for the Mediation venue, the Parties will (subject to clause 20 below) be jointly and severally liable for any such charge and for all expenses incurred at the venue.

19. Cancellation Fees

If the booking for the Mediation Date is cancelled or postponed by any or all of the Parties within four weeks of the Mediation Date (whether or not the Mediation is subsequently booked for another date) the Parties shall each be liable for 25% of the Mediation Fee (plus VAT) ("the Cancellation Fee"). If the cancellation or postponement takes place on the Mediation date, the full Mediation Fee (plus VAT) is payable.

20. Court Cost Orders

The Parties acknowledge that the court may make orders as to costs in relation to the Mediation and agree to be bound by any such orders.

21. Attendee Requirements

All attendees at the Mediation must conduct themselves in a professional manner at all times.

22. Data Protection

The Parties agree that their personal data will be processed in accordance with our Privacy Policy.

23. Liability Exclusion

TOBC shall not be liable for any loss or damage arising from the Mediation except where such loss or damage results from TOBC's negligence or wilful misconduct.

24. Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and the Parties submit to the exclusive jurisdiction of the courts of England and Wales.