Important COVID-19 Update

x

These are certainly challenging times for us all.

We are committed to doing everything we can to prioritise the wellbeing of our people, those who use our services and their representatives and the communities we serve to help contain the spread of COVID-19. Following the Prime Minister’s announcement on Saturday, our people will begin working remotely from today, Monday 23 March.

Having well developed online dispute resolution options, it will in many ways be business as usual for us as we focus on providing a seamless service, regardless of where our Registry staff, adjudicators, arbitrators and mediators are working.

We know you are working through similar challenges to ours and that these are uncertain times for everyone. From all of us here we send our thoughts to you, your teams and families.

If you have any questions, please do not hesitate to get in touch. Please let us know if we can be of further assistance to you and we will keep you informed with any further updates.

Mediation Agreement

Prior to engaging in Mediation, Parties to a dispute must agree to mediate. Where they have not already agreed to refer a dispute to Mediation under BDT’s Mediation Rules, they may do so by completing this Mediation Agreement.

The BDT Model Clause should be inserted into all new contracts where the parties wish any future disputes to be referred to Mediation with BDT.

 

Mediation Agreement

By an Agreement

Dated this day of (month) (year)

BETWEEN:

____________________________________First Party

AND

____________________________________Second Party

Together, the Parties

The Parties are parties to (define legal relationship):

Entered into on or about (enter date):

For, or in relation to (enter detail):

The Parties have agreed that [all matters in dispute between them / the matters in dispute between them set out in the Schedule attached hereto (delete one)] shall be referred to Mediation in accordance with the Mediation Rules of the Building Disputes Tribunal (BDT Mediation Rules).

On execution of this Mediation Agreement, any Party may initiate the Mediation by completing an Application for Mediation in terms of Rule 3.4.

For the avoidance of doubt, under this Mediation Agreement the Applicant is not required to serve a Notice of Mediation under Rule 3.1 to initiate the Mediation or to attach such Notice to the Application for Mediation under Rule 3.4(b).

Notices to the First Party:

Notices to the First Party shall be given to an address for service which is:

Phone:

Mobile:

Email:

Notices to the Second Party:

Notices to the Second Party shall be given to an address for service which is:

Phone:

Mobile:

Email:

I certify that: I have read and understood this Mediation Agreement and the BDT Mediation Rules; and

I agree to be bound by the terms of this Mediation Agreement and the BDT Mediation Rules.

First Party   Second Party  
Signature:   Signature:  
Name:   Name:  
Position:   Position:  
In the presence of:      
Name:   Name:  
Address:   Address:  
Occupation:   Occupation:  
SCHEDULE OF MATTERS IN DISPUTE FOR REFERENCE TO MEDIATION

The Parties have agreed that the following matters in dispute are the matters to be submitted to Mediation:

(a) [ ]

(b) [ ]

Mediation Model Clause

The following mediation clause should be included in contracts where the parties wish to have any future disputes resolved by Mediation under BDT's Mediation Rules:

"Any dispute or difference arising out of or in connection with this contract, or the subject matter of this contract, including any question about its existence, validity or termination, shall be referred to mediation in accordance with the Mediation Rules of the Building Disputes Tribunal."

NOTE: parties to an existing dispute that have not incorporated the BDT Model Clause into a prior agreement may agree to refer that dispute to Mediation with BDT by signing an agreement to mediate.