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3 CIAC F SVD 004a Mediation Agreement One Respondent

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CONSTRUCTION INDUSTRY ARBITRATION COMMISSION

2/F Executive Building Center, 369 Gil J. Puyat Ave. cor. Makati Ave., Makati City
Telefax Nos. 897-0853/897-9313; Email: ciac_ciap@yahoo.com

MEDIATION AGREEMENT
CIAC-F-SVD-004a || Rev. 0 || 19/11/2018
Use this form if there is only ONE respondent.

This Agreement is made on the __ ___ day of _____ __ , 20___ by and between:

________________________________________________________________________________________________
(hereinafter called the Claimant)

and

________________________________________________________________________________________________
(hereinafter called the Respondent)

and

________________________________________________________________________________________________
(hereinafter called the Mediator)

WHEREAS, the Parties hereby agree to settle their dispute/s described below by Mediation:

[ ] Delays/Liquidated damages [ ] Release of retention


[ ] Payment default [ ] Breach of contract documents
[ ] Violation of specifications [ ] Others (please specify)
[ ] Change Orders ____________________________________
[ ] Rectification costs _ ___________________________________
(herein called the Dispute)

WHEREAS, the Parties have further agreed on the appointment of a Mediator as their common choice, or as
appointed by CIAC upon their failure to agree to assist them to resolve their dispute/s.

WHEREAS, the Mediator so chosen has accepted his/her appointment;

NOW THEREFORE, the Parties hereby agree, as they have agreed as follows:

(a) The Mediation shall be conducted and governed by the CIAC Rules of Mediation.

(b) The Parties shall personally attend or be represented by persons with full authority to settle the Dispute.

(c) The Parties agree to abide by any compromise settlement agreed upon and comply in good faith with terms
thereon. The Parties further agree to convert said compromise agreement into an arbitration award
enforceable as such in in accordance with the CAIC Arbitration Rules upon breach thereon.

(d) The Mediator shall not be liable for any act or omission done in good faith for the purpose of assisting the
Parties to resolve their Dispute.

(e) Either of the parties may terminate the mediation process at any time after consultation with the Mediator.
The Mediator may terminate the mediation at any time after consultation with the Parties.

(f) Should the mediation fail, the parties agree to submit the case for arbitration under the auspices of the CIAC
in accordance with the Arbitration Rules.
CONSTRUCTION INDUSTRY ARBITRATION COMMISSION
2/F Executive Building Center, 369 Gil J. Puyat Ave. cor. Makati Ave., Makati City
Telefax Nos. 897-0853/897-9313; Email: ciac_ciap@yahoo.com

MEDIATION AGREEMENT
CIAC-F-SVD-004a || Rev. 0 || 19/11/2018
Use this form if there is only ONE respondent.

In witness hereof, we hereby affix our names and signatures on the spaces provided below, this the __ ___ day of
_____ __ , 20___, at Makati City.

Parties:

____________________ _______________ ____ _____________________________


(Signature over Printed Name) (Signature over Printed Name)

____________________ _______________ ____ _____________________________


(Position) (Position)

____________________ _______________ ____ _____________________________


(Representing) (Representing)

Witnesses:

____________________ _______________ ____ _____________________________


(Signature over Printed Name) (Signature over Printed Name)

Date: _______________________________ Date: ___________________________

Mediator:

____________________ _______________
(Signature over Printed Name)

Date: _______________________________

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