Mediation Agreement

Agreement
on conducting a mediation procedure

Parties

1. The parties to this agreement are [____________] and [________________] (“the Disputants”) and [“the Mediator”].

Agreement to Mediate

2. The Disputants agree
a) to attempt to settle their dispute through the Mediation process described herein (hereinafter referred to as “Mediation”),
b) to appoint _______________ as a Mediator,
c) to pay the Mediation fee no later than 10 working days before the date of the mediation hearing in accordance with the Schedule No. 1.

The subject of dispute

3. Dispute being referred to Mediation is: _________________.

Venue and Time

4. The Mediation will take place on [date, time] and [place].

The Mediator

5. The Mediator is ___________
6. The Mediator does not advise or represent any of the Disputants.
7. The role of the mediator is to assist the Disputants to reach an agreement on the settlement of the dispute. The Mediator does not make decisions for the Disputants on how to resolve the dispute. If requested to do so by the parties and if the Mediator agrees, the Mediator may make a nonbinding recommendation.
8. The Mediator will act in good faith as a neutral throughout the process. The Mediator will
not be liable to any Disputant for any act or omission in respect of his services under this
agreement. The responsibility for any resolution of the dispute rests with the Disputants.
9. No Disputant shall call the Mediator as a witness to testify as to the fact of the Mediation or as any oral or written communication made at any stage of the Mediation. No Disputant will serve a witness summons upon the Mediator or otherwise seek access to any documents prepared for or in connection with the Mediation other than this Mediation agreement. In the rare circumstance that the Mediator is compelled by the Court to give evidence and/or produce documents, the Mediator will be entitled to charge for the time incurred on an hourly rate basis.

Confidentiality

10. The Mediator will not disclose to anyone who is not a party to the Mediation or a
professional adviser engaged by such a party anything said during the Mediation or any
materials submitted or any information disclosed in the course of the Mediation unless:
a) The Disputants consent to the Mediator doing so.
b) The Mediator is required by law so to do.
c) Such disclosure is necessary for the prevention of crime or personal injury.

11. No Disputant will disclose to anyone who is not a party to the Mediation or to a professional adviser engaged by such a party anything said by another party or their representative during the Mediation or any materials submitted or any information disclosed by such other party or their representative in the course of the Mediation unless:
a) The other Disputant or Disputants consent to the Disputant doing so.
b) Such disclosure is necessary in order for the Disputant to obtain professional advice.
c) Such disclosure is necessary to enforce any settlement agreement reached in the Mediation.
d) The Disputant is required by law so to do.
e) Such disclosure is necessary for the prevention of crime or personal injury.
12. Any evidence that is otherwise admissible or disclosable will not be rendered inadmissible or non-disclosable solely on the ground of its use in the Mediation.

Process Voluntary and Without Prejudice

13. Any Disputant may withdraw from the Mediation at any time.
14. The Mediator may terminate the Mediation at any time.
15. The Mediation will be treated as privileged and confidential to the full extent allowed by law.
16. No Disputant will be bound by any agreement reached in the Mediation unless and until such agreement has been reduced to writing and signed by or on behalf of all the Disputants.
17. If a settlement agreement is entered into and duly recorded in writing and signed by or on behalf of all the Disputants then it will be fully binding in law.

Authority to settle

18. The Disputants agree that they or the representative attending the Mediation on their behalf will have full authority to settle the dispute between them.


Applicable law

19. The mediation agreement is governed by Russian law and the courts of Russia have exclusive jurisdiction in respect of any claim or dispute arising out of or in connection with Mediation or this mediation agreement.

Schedule 1

Rules on Fees and Expenses of the Solis Mediation Center

Clause 1. Definitions

Mediation fee is a fee that is paid as a reward to the Mediator.

Additional costs are expenses that may arise in connection with the conduct of mediation, in particular, the cost of renting premises for mediation (meeting rooms), costs for renting conference rooms, equipment, expenses related to calling witnesses, experts, conducting examinations, travel of a mediator to conduct mediation outside Moscow (travel and accommodation costs).

Notarization costs — expenses incurred by the parties in connection with notarization of a mediation agreement.

Other costs are expenses incurred by the Disputants in connection with the protection of their interests, in addition to expenses provided for in other paragraphs of Clause 1.

2.5. Standard fees:
Charges are calculated based on the daily rate per each party for one mediation day (from 10:00 to 18:00) and an additional hourly rate per each party for a period beyond the mediation day.
The price also includes preparation for mediation no more than 3 hours; if the Mediator needs more than 3 hours to be prepared to the Mediation, the fee will be discussed separately.

2.6. The fees do not include Additional costs or Other costs.
2.7. Fee for disputes that do not have a financial assessment is discussed individually.
2.8. The monetary valuation of claims is determined by the total amount of money claimed or disputed, including losses claimed by the parties, the value of the claimed property, the protected property rights and interests.
2.9. If the amount of claims during mediation increases, the missing amount of the Mediation fee shall be paid by the Disputants in accordance with the increased amount of claims.

Clause 3. Additional costs
3.1. Additional costs are agreed by the Disputants before they are to be incurred and shall be paid by the parties in advance in the amount necessary to carry out the actions that will cause such costs.
3.2. Additional costs shall be paid by the Disputants in equal shares, unless otherwise agreed by the Disputants.

Clause 4. Notary certification costs
4.1. The costs of notarizing the mediation agreement shall be borne by the parties themselves.
4.2. The cost of notarization of a settlement agreement depends on the substance of the agreement and is determined by the notary.

Clause 5. Other costs
5.1. Each party pays its own costs as they may arise.

Clause 6. The procedure for payment of fees and expenses
6.1. All fees provided for by these Rules include taxes payable by the Mediator on the territory of the Russian Federation. If other taxes apply to fees and expenses, fees and expenses will be increased by the applicable taxes.
6.2. Fees and expenses are considered paid on the date of transfer of the relevant amounts to the Mediator or credited to the Mediator's account.
6.3. If the claims under the dispute are denominated in foreign currency, the claims are converted into the currency of the Russian Federation (rubles) for evaluation purposes at the exchange rate of the Bank of Russia on the date of payment of the fee or expenses.
6.4. In case of refusal or inability of the parties to make payment (surcharge) of the fee or expense established by these Rules, mediation is suspended. If the fee or expense is not paid within thirty days, the Mediation may be terminated.

Clause 7. Pro bono
7.1. By agreement with the Mediator, the Mediation can be carried out without collecting the Mediation fee or with its reduction, if the dispute is of great public importance, represents for the Mediator a professional interest, and the results of successful mediation (with the consent of the parties to the dispute) may be published.