Conciliator’s Model Form of Agreement

Conciliation Procedure 2013

Please complete all relevant sections of this form online, then print and sign.

This agreementis made on the day of

between

  1. (The Claiming Party)

of:

(Principal office of the Claiming Party and point of contact for conciliation)

  1. (The Responding Party)

of:

(Principal office of the Responding Party and point of contact for conciliation)

and

  1. (The Conciliator)

of:

(Address of Conciliator)

Whereas:

  1. The Claiming Party and the Responding Party have entered into a contract dated

for: (Name of contract)

  1. The Parties contract has agreed to appoint the Conciliator for the resolution of their dispute(s).

Now it is hereby agreed as follows:

  1. The Conciliator and the Parties shall act in accordance with the terms of the contract and the Engineers Ireland Conciliation Procedure 2013 (with any amendments agreed by the Parties.
  1. The Claiming Party and the Responding Party shall pay the Conciliator’s fees and expenses in accordance with the attached schedule and shall be jointly and severally liable to the Conciliator for the same. As between themselves, and unless otherwise agreed between them, the Claiming Party and the Responding Party shall each be responsible for one half of the amounts due to the Conciliator under this agreement, but such agreement shall not affect the joint and several liability of the Parties to the Conciliator. If one party pays the other’s share of an amount due to the Conciliator, that party is entitled to reimbursement from the other.
  1. Unless otherwise agreed between themselves, the Parties shall, within 7 days of receipt of notice from the Conciliator, pay an equal share of the account save that the Parties shall remain jointly and severally liable to the Conciliator for the whole of the Conciliator’s fees. If either Party fails to make the payment due from it, the other Party shall pay the sum to the Conciliator, and such other party shall be entitled to recover the amount from the defaulting Party as a debt due. The Conciliator may, at any time, request that a payment on account or interim payment be made in respect of the Conciliator’s fees and expenses.
  1. This agreement remains in effect for as long as the Conciliator continues to act in that capacity.
  1. This agreement is governed by and construed in accordance with the laws of Ireland.
  1. Any dispute or claim arising out of or in connection with this agreement shall be settled by arbitration in accordance with the Engineers Ireland 100 Day Arbitration Procedure.
  1. The Parties and the Conciliator shall at all times maintain the confidentiality of this Conciliation and shall ensure that anyone acting on their behalf or through them shall do likewise.
  1. All statements, information and material, made given or exchanged, orally or in writing either during the Conciliation or prior thereto or thereafter upon request of the Conciliator shall be inadmissible in any legal proceedings, in Court or in Arbitration, to the maximum extent permitted by law. The parties agree not to summon or otherwise require the Conciliator to appear or testify or produce records, notes or any other material in any legal proceedings, in Court or Arbitration, and no recordings or stenographic records will be made of the Conciliation.
  1. The Conciliator is not liable for any act or omission in the Conciliation except that the Conciliator may be liable for the consequences of acting in bad faith. Further, the Parties shall jointly and severally, and on behalf of their heirs and successors and any other person claiming through them, save harmless and indemnify the Conciliator against any claims, demands, proceedings, damages, costs, charges and expenses whatsoever which may arise in connection with or arising out of the Conciliation or the way in which it is or has been conducted and shall not themselves bring any such claims against the Conciliator. The Conciliator shall not be liable to the Parties or any person claiming through them for any matter arising out of or in connection with the Conciliation or the way in which it was conducted and the Parties shall not bring any such claims against the Conciliator.
  1. Engineers Ireland, together with the President, its servants and agents, shall not be liable for any act or omission in connection with any appointment made or any Conciliation conducted under this procedure.

Signed on behalf of the Claiming Party:

.………………………………………………………..

In the presence of

Name of witness: ………………………………………………………..

Signature of witness: .………………………………………………………..

Signed on behalf of the Responding Party:

……………………………………………………………..

In the presence of:

Name of witness: ………………………………………………………..

Signature of witness: .………………………………………………………..

Signed by the Conciliator:

Signature of Conciliator: .…………………………………………………….

In the presence of:

Name of witness: ………………………………………………………..

Signature of witness: .………………………………………………………..

NOTE: this Agreement shall govern the relationship between the Conciliator and the Parties unless clearly rejected by one or other of the Parties (whether or not the Agreement has been signed).
Schedule to the Conciliator’s agreement*

  1. Upon appointment, the Conciliator shall be paid a non-returnable appointment fee of € plus VAT at the appropriate rate (if applicable), to be paid in equal shares by each party.
  1. In addition, the Conciliator shall be paid at the hourly rate of €plus VAT at the appropriate rate (if applicable) in respect of all time spent upon or in connection with the conciliation, including time spent travelling. In this connection, the parties shall, within seven days, make an advance payment of € plus VAT at the appropriate rate (if applicable), in equal shares to the Conciliator. This advance payment shall be credited against the final statement of any sums which may become payable to the Conciliator.
  1. The advance payment, referred to in item 2 above, shall be kept by the Conciliator in a special bank account (‘the account’). A monthly/bimonthly invoice may be issued by the Conciliator for payment of fees on account and the Conciliator shall be entitled to withdraw the amount so invoiced from the account if payment of the amount invoiced is not made to the Conciliator within seven days of the submission of the Conciliator’s invoice. The account shall be replenished, up to the amount of €, in equal shares by the parties not later than 14 days after the issue of the said invoice.
  1. The Conciliator shall be reimbursed in respect of all charges properly made including, but not restricted to, those for:
  2. printing, reproduction and purchase of all documents, drawings, maps, records and photographs;
  3. communication by facsimile, telex and telephone;
  4. postage, courier and similar delivery charges;
  5. travelling, hotel expenses and other similar disbursements of the Conciliator and of any person whose assistance is requested by the Conciliator with the consent of the parties;
  6. room charges; and,
  7. the cost of any expert or legal advice requested by the Conciliator with the consent of the parties.

5.The Conciliator

is registered for VAT.

is notregistered for VAT.

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