Article 7
Protections from Certain Liabilities

Neither the Mediator, nor ADRO and its employees, nor the ADRO Committee, ADRO Appointing Committee or any other ADRO Committees shall be liable to any person for any act or omission in connection with the Mediation process, except for acts or omissions constituting fraud or gross negligence.

Article 8
Number and Appointment of Mediators

There shall be one Mediator, unless the parties agree that there shall be two or more Mediators.

Article 9
Mediator Acting As Arbitrator

Unless otherwise agreed by the parties at the close of the Mediation, the Mediator shall not act as an arbitrator in respect of a dispute that was or is the subject of the Mediation proceedings or in respect of another dispute that has arisen from the same contract or legal relationship or any related contract or legal relationship.

Article 10
Enforceability Of Settlement Agreement

If the parties conclude an agreement settling a dispute, that settlement agreement is binding and enforceable.

[Comment: Fees and Costs, Article 11 below, will be revised after the ADRO Committee makes decisions on how to proceed with the subjects of registration (administrative) fees and source of payments to the Mediators.]

Article 11
Fees and Costs

1. The party or parties filing a Request for Mediation shall include with the Request a non-refundable registration fee, as set out in the Appendix 5 hereto. No Request for Mediation shall be processed unless accompanied by the requisite payment.

2. Following the receipt of a Request for Mediation, ADRO shall request the parties to pay a deposit in an amount likely to cover the administrative expenses of ADRO and the fees and expenses of the Mediator for the Mediation proceedings, as set out in the Appendix 5. The Mediation proceedings shall not go forward until payment of such deposit has been received by ADRO.

3. In any case where ADRO considers that the deposit is not likely to cover the total costs of the Mediation proceedings, the amount of such deposit may be subject to readjustment. ADRO may stay the Mediation proceedings until the partiesmake the corresponding payments.

4. Within fifteen days (not counting weekends or national public holidays) of termination of the Mediation proceedings, ADRO shall settle the total costs of the proceedings, with such costs calculated according to the procedures in Appendix

5. At that time, ADRO shall, as the case may be, reimburse the parties for any excess payment or bill the parties for any balance required under these Rules.

5. All above deposits and costs shall be borne in equal shares by the parties, unless they agree otherwise in writing. However, any party shall be free to pay the unpaid balance of such deposits and costs should another party fail to pay its share.

6. Except as stated in paragraphs 1, 2, 3, and 5 above, each party's other expenditures and costs, if any, incurred with respect to the Mediation shall remain the responsibility of that party.

Article 12
References to these Rules in Contract Mediation Clauses

The parties to a contract may stipulate the following Mediation clause in their contract, so that mediation of a dispute between the parties arising from the contract shall be governed by the Office of the Judiciary Out-of-Court Mediation Rules (as revised from time to time), as administered by the ADRO:

Contract Clause

Where, in the event of a dispute arising out of or relating to this contract, the parties wish to seek an amicable settlement of that dispute by mediation, the mediation shall take place in accordance with the Office of the Judiciary Out-of-Court Mediation Rules applicable at the time of submission of the dispute to mediation and the conduct of the mediation shall be under the administration of the Alternative Dispute Resolution Office (ADRO) of the Office of Judiciary.

The contract clause above is an agreement by the parties to submit to Mediation all or certain disputes which have arisen or which may arise between them. This agreement may be in the form of a mediation clause in a contract or in the form of a separate contract. It may include provisions on confidentiality.