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.
By an Agreement
Dated this day of (month) (year)
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:
Notices to the Second Party:
Notices to the Second Party shall be given to an address for service which is:
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|
|In the presence of:|
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.