Exclusion of Liability and Indemnity

Important

The Mediator, Intake Officer or the Company will not be liable to either Party for any act or omission in the performance of the Mediator, Intake Officer or Companies obligations under any agreement made between one or both of the parties unless the act or omission is fraudulent.

The Parties together and separately indemnify the Mediator, Intake Officer and the Company against any claim for any act or omission in the performance of the Mediator, Intake Officer or Companies obligations under any agreement unless the act or omission is fraudulent.

If a Party requires the Mediator, Intake Officer or any representative of the Company to give evidence in a court or tribunal concerning anything said or done in the course of the Initial Consultation, Intake and Assessment or the Mediation, or to produce documents created for the purpose of or during the Mediation, the Intake and Assessment and Initial Consultation, that Party will:

1. indemnify the Mediator, Intake Officer or Company for all costs and expenses incurred by the Mediator, Intake Officer and the Company (including the costs of the Company, Mediator or Intake Officers legal costs and any legal costs the Company, Mediator and Intake Officer is ordered to pay to any other person, such legal costs to be assessed on a solicitor-client basis) in connection with the appearance at the court or tribunal, the giving of evidence or the production of the documents; and
2. pay the Mediator, Intake Officer or Company at the hourly rate of $440 per hour inclusive of GST for the time expended by the Mediator, Intake Officer or the Company in connection with the appearance, the giving of evidence or the production of documents.