AGREEMENT TO MEDIATE (Civil and Commercial)
Pakistan Online Dispute Resolution (“PKODR”) hereby agree to appoint External Mediator (“Mediator”), collectively the “parties”, to mediate PKODR Civil and Commercial client’s (“PKODR Client(s)”) dispute(s) on the following terms and condition;
1. MEDIATION PROCEDURES
- The mediation shall be held and conducted according to the Agreement to Mediate (“agreement”).
- The physical mediation meeting itself shall be referred to throughout this agreement as the mediation (“mediation”).
- Only authorised and designated representative of mediator can attend the PKODR mediation.
- Any settlement reached in the mediation will not be legally binding until it has been reduced to writing and signed by, or on behalf of, each of the parties.
- PKODR is setting up meetings with mediators and PKODR client’s online meetings, email and chat technology.
- PKODR is not hosting any physical meeting between mediators and users.
- Mediation between Mediators and the PKODR clients are confidential and PKODR will not keep the records after thirty (30) calendar days unless legally bind.
- Mediator will be an active member of Pakistan Mediation Association (PMA).
2. PKODR SERVICE OFFERING
- PKODR is offering following two services.
- Civil Dispute Resolution
- Divorce/Separation/Child Custody/Maintenance
- Commercial Dispute Resolution
- Online Order not processed
- Online Order product unacceptable
- Online Service - Cloud Storage/Online Banking & Trade
- Bank Loan
- Commercial Payment
- Claims against professionals
- Construction & Development Disputes
- Contract Disputes
- Debt Recovery
- Insolvency Disputes
- Intellectual Property Disputes
- Partnership Disputes
- Property Disputes
- Sale of goods / product liability
- Shareholder Disputes/Boardroom Dispute
3. MEDIATOR SELECTION AND ROLE
- The parties agree that PKODR Clients will choose the Mediator of their expertise and physical geographical location.
- The parties and PKODR Clients recognise that all mediators are an independent contractor and not an employee.
- The parties and Users agree that PKODR shall not be liable for any act or omission in connection with the discharge or purported discharge of any functions under, in connection with or out of the Mediation unless such act or omission is shown to have been in bad faith.
4. PKODR CLIENT PRICING AND REFUND STRUCTURE
- Client Pricing
- Civil Mediation Pricing
- Successful Mediation
- There will be 10% engagement fee paid in advance from the person requesting civil mediation.
- There will be 90% processing fee paid upon successful completion and meeting of both disputed parties of mediation shared between claimant and defendant mutually agreed.
- Client Refund
- Ten percent 10% engagement fee is non-refundable when the engagement has been initiated.
- Ten percent 10% of processing fee is non-refundable when the engagement becomes no-show.
- Not successful in mediation.
- Commercial Mediation Pricing
- Successful Mediation
- There will be 100% fee paid in advance from the individual or business requesting commercial mediation.
- Client Refund
5. PLACE AND TIME OF THE MEDIATON SESSION
- The Mediation will take place at PKODR Digital Platform when all parties including claimant, defendant and mediator signup.
- The Mediation time will be at mutual agreement between PKODR clients and the mediators.
6. CONSULTING WITH LEGAL ADVISERS
- A PKODR client does not require legal representation to attend the mediation. However, PKODR is keen to promote the robustness of mediated agreements under legal scrutiny and PKODR does therefore recommend the attendance of legal representation at all mediation sessions. PKODR most certainly advises the participation of solicitors acting for each party at the concluding mediation session and in the perfecting of the final agreement arising out of the mediation.
- Where a PKODR client is not legally represented, such client is advised to obtain independent legal advice before, during and after the mediation and prior to finalising any agreement reached pursuant to the mediation.
- The PKODR and the mediators recognise that PKODR and mediators does not offer legal advice or act as a legal advisor for any of the PKODR clients of the mediation, nor will mediators analyse or protect any PKODR client’s legal position or rights.
7. PRIVATE SESSIONS
- The Mediator may hold private session with one PKODR client at a time. These private sessions are designed to improve the Mediator’s understanding of the PKODR client’s position and to facilitate the Mediator in expressing each PKODR client’s viewpoint to the other side.
- Information gained by the Mediator through such a session is confidential unless (a) it is in any event publicly available or (b) the Mediator is specifically authorised by PKODR client to disclose it.
- The parties recognise that the mediation is for the purpose of attempting to achieve a negotiated settlement and as such all information provided during the mediation is ‘Without Prejudice’ and will be inadmissible in any litigation or arbitration of the dispute.
- Evidence which is otherwise admissible shall not be rendered inadmissible as a result of its use in the mediation.
- The parties will not subpoena or otherwise require PKODR to testify or produce records, notes or any other information or material whatsoever in any future or continuing proceeding.
- Every person involved in the mediation will keep confidential and not use for any collateral or ulterior purpose the fact that the Mediation is to take place or has taken place, other than to inform a court dealing with any litigation relating to the dispute of that fact.
- All documents, statements, information and other material produced prior to or during the course of the mediation, save to the extent that these documents have been disclosed already and are in the domain of the litigation, whether in writing or orally, shall be held in confidence by the parties and shall be used solely for the purposes of the mediation.
- At the termination of the mediation all such material shall be returned to the originating party or forthwith destroyed at their option.
9. TERMINATION OF THE MEDIATION
- Any of the parties or the Mediator shall be entitled, in their absolute discretion, to terminate the Mediation at any time without giving a reason therefor.
- Any of the parties or the Mediator shall be entitled, in their absolute discretion, to terminate the Mediation if PKODR client is a no show.
10. HUMAN RIGHTS
- The referral of this dispute to Mediation does not affect the rights that may exist under Article 6 of the European Convention on Human Rights and Article 10A of the Constitution of the Islamic Republic of Pakistan. If the dispute is not settled by mediation, the PKODR client’s right to a fair trial remains unaffected.
11. LAW AND JURISDICITON
- This agreement shall be governed by, construed and take effect in accordance with Islamic Republic of Pakistan law.
- The Courts of Pakistan shall have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with the Mediation.
12. SIGNATURE OF THIS AGREEMENT
- This agreement is to be electronically signed when the client self-register at https://www.pkodr.com web site.
- No hand signature is required.
13. Force Majeure
- For the purposes of this Agreement, the expression “Force Majeure Event” will mean any cause affecting the performance by a party of its obligations under this Agreement arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control, including acts of God, riots, war or armed conflict, acts of terrorism, acts of government, local government or Regulatory Bodies, fire, flood, storm or earthquake, or disaster but excluding any industrial dispute relating to any party, the party's personnel or any other failure of PKODR and mediators.
- Subject to the remaining provisions of this clause, any parties to this Agreement may claim relief from liability for non-performance of its obligations to the extent this is due to a Force Majeure Event.
- Parties cannot claim relief if the Force Majeure Event or its level of exposure to the event is attributable to its wilful act, neglect or failure to take reasonable precautions against the relevant Force Majeure Event.
- The affected party will immediately give the other parties written notice of the Force Majeure Event. The notification will include details of the Force Majeure Event together with evidence of its effect on the obligations of the affected party, and any action the affected party proposes to take to mitigate its effect.
- The affected party will notify the other parties in writing as soon as practicable after the Force Majeure Event ceases or no longer causes the affected party to be unable to comply with its obligations under this Agreement. Following the notification, this Agreement will continue to be performed on the terms existing immediately before the Force Majeure Event unless agreed otherwise in writing by the parties.