Agreement to Arbitrate and Mediate

1. STB agrees to provide a dispute resolution service including:

  • (a) A mediation and, if the dispute does not settle at mediation;
  • (b) An arbitration
  • (referred to as the “STB process”).

2. The STB process can be carried out face to face or on line at the parties’ choice.

3. You agree to submit your dispute to the STB process and by signifying your agreement, there is an enforceable agreement by you to follow the STB process.

4. You agree to pay your share of the fees as indicated at the end of this agreement into either:

  • (a) Your solicitor’s trust account; or
  • (b) A trust account nominated by STB for the purposes of payment at the end of the STB process.

5. Your agreement includes the following:

  • (a) The process and result are confidential unless:
    (i)  It is necessary to enforce the result;
    (ii) Is otherwise required by law.
  • (b) You undertake and agree that any discussions and offers made at the mediation are not mentioned or given in evidence to the arbitrator at the arbitration, should that be required.

6. You agree that lawyers and/or representatives will not be involved in the STB process unless they themselves are parties to the dispute.

7. The STB process will ensure that the mediation takes place over a period of 4 hours between 9am-1pm on the day agreed to and, if the matter is not settled at mediation then the arbitration will immediately commence and will run through until 5pm.

8. In the event that the matter does reach arbitration, STB will provide a decision within 2 weeks of the date of hearing unless otherwise nominated by STB because of circumstances that might preclude STB from releasing such a decision within the timeframe nominated.

9. You agree to provide STB and the other party for this dispute with the following:

  • (a) Your claim or defence.
  • (b) Any documents supporting your claim or defence.
  • (c) Any evidence that you intend to call for your claim or defence.
  • (d) Any other material that you believe the mediator or arbitrator should see to assist the claim or the defence.

10. The mediator for the dispute will be Melanie O’Neill and the arbitrator will be David O’Neill.

11. STB undertakes to you not to discuss any aspect of the mediation or arbitration until such time as the judgment has been released in the event that an arbitration is required. This undertaking extends to Melanie O’Neill and David O'Neill not discussing any aspect of the mediation or arbitration until a judgment has been released to the parties.

12. At any hearing required, it can either take place over the internet or face to face. Evidence which is otherwise inadmissible in a court of law can be admitted at the discretion of the arbitrator.

13. You agree to be bound by any arbitration award and you waive any right to appeal or seek leave to appeal on a question of law pursuant to clauses 4 and 5 of the second schedule of the Arbitration Act 1996.

14. The STB process and information disclosed in that process is confidential. By agreeing to these terms and conditions you expressly agree that you shall not use any information provided to you in confidence.

15. If you do challenge an award, you shall not name STB as a party and you agree that STB would not be involved in any proceedings.

16. STB will not be liable to any party for any act or omission in the performance of the mediator’s duties or obligations under this agreement   unless the act or omission is fraudulent.

17. The parties together and separately indemnify STB against any claim for any act or omission in the performance of the mediator/arbitrator’s duties or obligations under this agreement unless the act or omission is fraudulent.

18. In the event that you do name STB in court proceedings, you acknowledge that you will be bound to pay STB’s costs on a solicitor/client basis in the event that it is found that STB should not be involved in the court proceedings.

19. In relation to the mediation, STB acknowledges that they will comply with the current Resolution Institute mediation protocol unless otherwise altered by agreement between you or as directed by the mediator.

20. The mediator will conduct herself in accordance with all relevant professional requirements.

SCHEDULE OF FEES

1. The fee for a 1-day mediation/arbitration otherwise known as the STB process is $10,000 plus GST for a day.

2. This sum is to be paid half each by each party to the dispute unless they agree to pay it in different portions.

3. The sum is to be paid to a solicitor’s trust account to be held by that solicitor on an irrevocable undertaking that such sum will be payable to STB upon the conclusion of the matter.

4. If there is no solicitor available to hold the sums then it shall be payable to a solicitor’s trust account nominated by STB.

5. In the event that the matter took longer than 1 day to mediate and arbitrate, then an extra fee would be payable to the arbitrator (to be shared equally by the parties) in the sum of $3000 plus GST per half day. This sum is to take into account the writing of the judgment which would be released within the 2-week time period already indicated.

6. If the arbitration did go longer than the initial day, it would not recommence until such time as the money was paid into the nominated trust account.

7. In the event either party cancelled the proposed mediation/arbitration date then the parties agree they would be entitled to a refund as follows;

  • If cancellation within 10 working days from the scheduled date – 75% refund
  • If cancellation within 5 working days from the scheduled date – 50% refund
  • If cancellation within 2 working days from the scheduled date – 25% refund
  • If cancellation within 1 working day from the scheduled date – 0% refund
  • If the scheduled date was postponed to another date the money would continue to be held in trust until the new date.
  • If the postponed date is subsequently cancelled the refund will be 50%

The basis for the cancellation charge is because STB has set aside this time aside exclusively.