Accord Resolution Agreement
Date:
Parties:
[PARTY 1]
And:
[PARTY 2]
("the Parties")
ADR practitioner:
("the ADR practitioner")
Recitals
A. This Agreement sets out the terms under which the parties engage in Accord Resolution, a hybrid process that draws on facilitative, narrative, and conciliatory approaches to support constructive dialogue, mutual understanding, and the exploration of resolution pathways that reflect the parties’ needs, interests, and responsibilities.
B. A dispute, as briefly set out in Schedule 1, has arisen between the parties (“the Dispute”).
C. The parties have requested the ADR practitioner, and the ADR practitioner has agreed, on the terms and conditions of this agreement, to assist the parties in their attempts to resolve the dispute.
Agreement:
The ADR Process
Definitions
The “ADR process” refers to a structured and ethically governed process of dispute resolution that may involve mediation, conciliation, narrative exploration, structured insight interventions, or case sounding, whether undertaken before or after the execution of this Agreement. The process is collectively referred to as Accord Resolution and is designed to support mutual understanding, informed decision-making, and sustainable resolution outcomes.
“Mediation” is a facilitative process in which the ADR Practitioner assists participants to communicate, identify issues, explore interests, and negotiate potential resolution options. The ADR practitioner does not provide advice, make decisions, or impose outcomes.
“Conciliation” is a process in which the ADR Practitioner may take a more active role by offering suggestions, identifying risks, or clarifying possible pathways to agreement. While still impartial and non-binding, conciliation may involve evaluative or advisory elements, with party consent and consistent with professional standards.
“Narrative Exploration” is a structured conversational process through which participants are invited to reflect on and, where appropriate, reframe the stories, meanings, or assumptions they have developed about their dispute or conflict. The aim is to build mutual understanding, shift entrenched dynamics, and support constructive engagement.
“Structured Insight Intervention” is a reflective process move initiated by the ADR practitioner, often during moments of impasse, to support clearer thinking, reframe assumptions, or explore different perspectives. The ADR practitioner may ask structured questions or offer process-based reflections but does not provide legal or commercial advice.
“Case Sounding” is a structured, confidential, and non-binding process in which participants and, where applicable, their legal representatives present their positions in summary form. The ADR practitioner may ask probing questions to assist parties to articulate and evaluate their positions, clarify points of misalignment, and identify potential ADR pathways. Case Sounding is not intended to predict litigation outcomes or deliver formal evaluation.
Appointment and functions of the ADR practitioner
2. The parties appoint the ADR practitioner, and the ADR practitioner accepts the appointment, to conduct the ADR process.
3. The ADR practitioner will assist the parties to identify the issues between them and to explore options for and, if possible to achieve, the expeditious resolution of the dispute by agreement between them.
4. The ADR practitioner will facilitate the resolution process impartially and may draw on a range of techniques, including but not limited to: mediation, conciliation, narrative exploration.
5. The ADR practitioner will not provide legal or commercial advice, make decisions for the parties, or impose outcomes. However, with the parties’ consent, the ADR practitioner may engage in structured insight interventions or conduct case sounding to support clarity, alignment, or informed decision-making.
6. The ADR practitioner will not, unless the parties agree in writing to the contrary, obtain from any independent person advice or an opinion as to any aspect of the dispute. Any such advice or opinion shall be obtained only from such person or persons as may be agreed by the parties.
7. The ADR practitioner confirms that he has no interest in the dispute, nor has he had any prior dealings with any of the parties in relation to the dispute that he has not disclosed in Schedule 1.
8. If, in the course of the ADR process, the ADR practitioner becomes aware of any circumstances that might reasonably be considered to affect his capacity to act impartially, the ADR practitioner will, to the extent that he may properly do so, immediately inform the parties of those circumstances. The parties will then confer, and the ADR practitioner will continue to participate in the ADR process if the parties so agree.
9. If, after consultation with the parties, the ADR practitioner forms the view that he will be unable to assist the parties to achieve resolution of any part of the dispute he may terminate the appointment as ADR practitioner by giving written notice to the parties of that termination.
Co-operation, Costs and ADR practitioner’s Fees
10. The parties agree to participate in the process in good faith and with the intention to explore resolution pathways.
11. Each party will comply with reasonable requests made by the ADR practitioner to promote the efficient and expeditious resolution of the dispute.
12. Each party will meet its own costs of and in connection with the ADR process.
13. Irrespective of the outcome of the ADR process, the parties will pay the ADR practitioner’s fees and disbursements as specified in Schedule 2, in the proportions and at the times there stated.
14. The parties acknowledge that a booking fee may be required to secure time for the scheduled ADR process. This fee reflects the reservation of time and preparatory work undertaken prior to the commencement of the process.
15. Booking fees are generally non-refundable, except where:
(i) The ADR practitioner is unable to proceed due to circumstances within their control (including unavailability); or
(ii) The ADR practitioner is required to withdraw due to a professional obligation not occasioned by the conduct of the parties.
16. Where the ADR process cannot proceed due to actions or conduct attributable to one or more parties—including, without limitation, a loss of good faith, breach of confidentiality, or conduct that compromises the neutrality or fairness of the process—the booking fee may be retained.
17. Notwithstanding the above, the ADR practitioner will approach all refund requests professionally and in good faith, having regard to the circumstances of the matter, including any applicable consumer protection and fair trading laws.
Authority & Representation
18. Each party must be represented at the ADR process conference by a person or persons having or able during the course of the ADR process to obtain authority to settle the dispute.
19. Any persons other than the parties (including legally qualified persons) participating in the ADR process to assist and advise a party shall sign an acknowledgement and undertaking as to confidentiality as specified in Schedule 3.
Conduct of the ADR process
20. The ADR process, including all preliminary steps, shall be conducted in such manner as the ADR practitioner considers appropriate having due regard to the view of each party as to the manner in which the ADR process should be conducted, and he may give directions as to:
(i) the holding of preliminary conferences;
(ii) the exchange of written outlines of the views of the parties on the issues raised by the dispute;
(iii) the exchange of documents to which the parties may wish to refer in the course of the ADR process;
(iv) the exchange of experts’ reports, the meeting of experts and the preparation of a joint experts’ report;
(v) provision to the ADR practitioner of any such outlines, documents, and reports.
Communication between the ADR practitioner and a party
21. The ADR practitioner may communicate with a party or the parties orally or in writing.
22. The ADR practitioner will not communicate with a party who is legally represented without including the party’s legal representative.
23. The ADR practitioner may as frequently as he deems appropriate meet with the parties together or separately.
24. The ADR practitioner may, with the parties’ prior consent, meet privately with the parties without their legal representatives, and/or with legal representatives without their clients. These sessions are designed to clarify understanding, explore perspectives, and assess readiness for resolution. All such meetings are confidential, non-binding, and conducted in a manner that respects party self-determination.
25. Information, whether oral or written, disclosed in confidence by a party to the ADR practitioner need not be disclosed by that party, and may not be disclosed by him to any other party unless the party by whom that information was disclosed consents to such disclosure.
Confidentiality
26. The parties and the ADR practitioner will not, unless required by law to do so, disclose to any person not present at a conference in the ADR process, nor use, confidential information furnished during the ADR process, except:
(i) to obtain professional advice;
(ii) to a person within that party’s legitimate field of intimacy;
(iii) to a person or body with actual or delegated authority to approve, review, or implement a proposed resolution; or
(iv) as reasonably necessary to comply with statutory or public sector administrative standards (including government approval processes).
In each case, the person to whom the disclosure is made must be advised that the information is confidential and must not be further disclosed.
27. The ADR practitioner agrees:
(i) to keep confidential all information furnished by a party to the ADR practitioner on a confidential basis;
(ii) save with the consent of the party who furnished such information not to disclose the information to any other party.
Privacy
28. The parties and the ADR practitioner acknowledge that the ADR process is a confidential ADR process for the purposes of the permitted general situations provisions of the Privacy Act 1988 (C’th).
29. The parties and the ADR practitioner agree that they will, so far as is practicable, adopt reasonable data minimisation practices, including the use of anonymity or pseudonymity in respect of any non-party who is an individual.
Privilege
30. Subject to Clause 33, in any arbitral or judicial proceedings the following will at all times be kept confidential and will be privileged, and the parties and the ADR practitioner will not disclose nor rely upon them nor issue nor cause to be issued any subpoena to give evidence or to produce documents concerning them:
(i) any settlement proposal;
(ii) the willingness of a party to consider any such proposal;
(iii) any statement, admission or concession made by a party;
(iv) any statement or document made by the ADR practitioner.
Termination
31. A party may at any time terminate the mediation by giving written notice terminating the Mediation to each other party and to the ADR practitioner.
32. In the absence of notice by a party terminating the mediation, the mediation will be terminated only upon execution of a written settlement agreement in respect of the dispute. Such settlement agreement shall be drawn up and executed at the earliest possible time after the terms of settlement have been agreed on.
Enforcement
33. Any party will be at liberty:
(i) to enforce the terms of a settlement agreement;
(ii) in any enforcement proceedings to adduce evidence of and incidental to the settlement agreement including evidence from the ADR practitioner and any other person engaged in the mediation.
34. The ADR practitioner will not accept appointment as an arbitrator nor act as an advocate in, nor provide advice to a party to, any arbitral or judicial proceeding relating to the dispute or any of them.
35. The parties will not do anything to cause the ADR practitioner to breach clause 34.
Exclusion of liability and indemnity
36. The ADR practitioner will not be liable to a party for any act or omission by the ADR practitioner in the performance or purported performance of his obligations under this agreement unless the act or omission is fraudulent.
37. Each party indemnifies the ADR practitioner against all claims by that party or anyone claiming under or through that party, arising out of or in any way referable to any act or omission by the ADR practitioner in the performance or purported performance of his obligations under this agreement, unless the act or omission is fraudulent.
38. No statements or comments, whether written or oral, made or used by the parties or their representatives or the ADR practitioner within the mediation shall be relied upon to found or maintain any action for defamation, libel, slander or any related complaint, and this document may be pleaded as a bar to any such action.
Legislative provisions
39. The terms of this agreement are subject to the provisions of any legislation that may be applicable to or govern the mediation, and in the event of any inconsistency the provisions of the legislation will prevail.
Execution
40. This agreement may be signed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement. A signed copy of this agreement transmitted by means of electronic communication shall be deemed to have the same legal effect as delivery of an original signed copy.
Version: May, 2025