Wisery Mediation Services
Agreement
Last Update: 20 May 2023
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This Agreement ("Agreement") is made between Wisery CCMA Pte. Ltd. ("Wisery", "us", "we", "our"), a company incorporated in Singapore with UEN 202315122C and its registered office at 160 Robinson Road, #14-04, Singapore 068914 and the undersigned client(s) (the "Parties").
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1. Introduction
This Agreement outlines the terms and conditions under which Wisery will provide mediation services to the Parties. The Parties wish to resolve their disputes by mediation in accordance with Singapore's Mediation Act 2017, Wisery's Mediation Rules, this Agreement, and Wisery's Privacy Policy and Terms and Conditions.
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2. Services
Wisery will provide mediation services, aimed at fostering understanding, encouraging communication, identifying underlying interests, and promoting mutually acceptable resolutions. These services may include facilitating discussions between the Parties, assisting them in identifying possible solutions, and helping in the negotiation process towards an acceptable resolution.
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3. Impartiality and Neutrality
In the course of the mediation process, Wisery's role is to act as a balanced and unbiased facilitator. This means that we do not take sides or favour any party over the other. Our goal is to help all parties involved communicate effectively and work towards a resolution. Please note that while we facilitate these discussions, we do not provide legal advice or represent any party's individual interests. We encourage you to seek independent legal advice to fully understand your rights and responsibilities in the mediation process.
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4. Agreement to Mediate
The Parties agree that any settlement reached shall not be binding unless it is reduced to writing and signed by the Parties, as prescribed under section 12 of Singapore's Mediation Act 2017. The duly signed settlement agreement shall be binding upon the Parties in accordance with its terms.
5. Authorisation of Representation
If a Party is not a natural person, the following person(s) is/are authorised to represent the Party in the mediation and settlement of the disputes. These representatives shall have the necessary authority to make decisions on behalf of their represented Parties during the mediation process.
Party Name: _____________________
Name of Representative: _____________________
NRIC/Passport No.: _____________________
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Party Name: _____________________
Name of Representative: _____________________
NRIC/Passport No.: _____________________
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6. Confidentiality and Without Prejudice Principle
In adherence to section 9 of Singapore's Mediation Act 2017, all exchanges and interactions during the mediation process are strictly confidential and deemed 'without prejudice'. This implies that any statements made, proposals shared, or information disclosed in the course of mediation cannot be subsequently utilised as evidence against any Party in potential future legal proceedings, should the mediation not culminate in a settlement agreement. Exceptions to this confidentiality principle are only applicable where mandated by law.
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7. Responsibilities of the Parties
The Parties hereby undertake to engage in the mediation process with the utmost good faith and a concerted effort towards achieving a mutually satisfactory resolution. This includes, but is not limited to, active participation in discussions, timely response to communications, and respectful conduct throughout the process.
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8. Fees, Payment, and Payment Terms
The fees applicable to the mediation services provided shall correspond to those stipulated in the mediation services package chosen by the Parties on the Wisery website or mobile application, or as mutually agreed upon. Payment of these fees is to be made prior to the commencement of the mediation services. Should additional charges arise during the course of the mediation, these will be communicated to the Parties in a timely manner and payment will be due within the time frame specified in the communication.
9. Cancellation and Rescheduling
To reschedule a mediation session, a 25% administrative fee of the total charges will apply. Parties may cancel a session with no less than one week's notice for a fee of 50% of the total mediation service fee. For cancellations made less than one week prior to the scheduled session, a fee of 75% of the total service fee will be charged.
10. Limitation of Liability
Wisery, inclusive of its officers, employees, and appointed mediators, shall not be held accountable or liable to any Party for any act or omission that occurs in the course of providing the mediation services, except in instances where such act or omission constitutes fraudulent behaviour or involves deliberate misconduct.
11. Indemnification
The Parties agree to indemnify and hold harmless Wisery, its officers, employees, and the mediator from and against any claims, liabilities, damages, losses, or expenses, including legal fees and costs, arising out of or in any way connected with the provision of the mediation services, unless caused by the fraudulent or wilfully misconduct acts or omissions of Wisery, its officers, employees, or the mediator.
12. Termination
Either Party may terminate the mediation process at any time by providing written notice to Wisery. Wisery also reserves the right to terminate the mediation process if it determines that the process is no longer productive or beneficial to the Parties. Upon termination by either the Party or Wisery, there will be no refund of the mediation service fee.
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13. Dispute Resolution
In the event of any disputes, controversies, or claims arising out of or relating to this Agreement, including its interpretation, validity, breach or termination, the Parties shall first attempt to resolve the matter through good faith negotiations within 30 days. If such negotiations do not result in a mutually acceptable resolution, the dispute shall be submitted to mediation. Should mediation not resolve the dispute, it shall then be submitted to and finally resolved by arbitration in accordance with the Arbitration Rules of the Singapore International Arbitration Centre. Notwithstanding the above, the Parties do not limit their right to seek interim injunctive relief or to enforce an arbitration decision.
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14. Governing Law and Jurisdiction
This Agreement is governed by and shall be construed in accordance with the laws of the Republic of Singapore. The courts of Singapore shall have exclusive jurisdiction in respect to any matters arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination.
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15. Entire Agreement
This Agreement, along with Wisery's Privacy Policy and Terms and Conditions, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreement, whether oral or written.
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16. Amendment
Wisery reserves the right to amend this Agreement to comply with applicable laws, regulations, or changes to its business operations. Parties will be notified of any amendments and will have the option to terminate the agreement if they do not agree with the changes.
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17. Contact Information
For any questions, concerns, or communications related to this Agreement or the mediation services provided, Parties can contact Wisery at the following:
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Wisery CCMA Pte. Ltd.
Address: 160 Robinson Road, #14-04, 068914, Singapore
Email: hello@wisery.sg
Phone: +65 8269 1948
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In Witness Thereof, the Parties have executed this Agreement as of the Effective Date.
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Signed By:
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Party Name: _____________________
Name of Representative: _____________________
NRIC/Passport No.: _____________________
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Party Name: _____________________
Name of Representative: _____________________
NRIC/Passport No.: _____________________
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Party Name: _____________________
Name of Representative: _____________________
NRIC/Passport No.: _____________________
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