THIS AGREEMENT (“AGREEMENT”) IS ENTERED INTO BY AND BETWEEN:
THE SOUTH AFRICAN ASSOCIATION OF MEDIATORS NPO
(NPO NUMBER: 200-414)
(Hereinafter referred to as “SAAM”)
And
“Accredited Mediator”
[Collectively referred to as the “Parties”]
Whereby the parties agree subject to the terms contained in this agreement:
1. DEFINITIONS AND INTERPRETATION:
1.1 The headings to the clauses of this Agreement are for reference purposes only and will not aid in the interpretation of the clauses to which they relate.
1.2 Unless the context clearly indicates a contrary intention, words importing:
1.2.1 any one gender will include the other two genders;
1.2.2 the singular will include the plural and vice versa;
1.2.3 natural persons will include juristic persons and vice versa.
1.3 The following terms will have the meanings assigned to them hereunder, namely:
1.3.1 “SAAM” means THE SOUTH AFRICAN ASSOCIATION OF MEDIATORS (NPO Number: 200-414), a Non-Profit Organization duly registered in accordance with the relevant legislation and having its registered office at, 12 Ermelo Street, Wierdapark 0157.
1.3.2 “KAELO” means Kaelo Lifestyle, which is a programme designed to assist business leaders and team managers to manage personal and work related issues. It is a subsidiary of Kaelo Simply Healthcare (Pty)Ltd (Registration Number 2004/009584/07)
1.3.3 “the Accredited Mediator” means the person, whose particulars are provided on the first page of this Agreement, and who is accredited as a family mediator by SAAM. The Accredited Mediator must submit this signed agreement together with the required annexures (Accredited mediator’s BIO and – Schedule of fees) thereto and the required proof of payment to SAAM, in order to be approved and added to the “Panel of Accredited Mediators for the Kaelo Project”.
1.3.4 “Panel of Accredited Mediators for the Kaelo Project” means all the accredited mediators in good standing with SAAM, that has complied with all the requirements in terms of this Agreement, and confirmed to be approved and added to the effect by SAAM.
1.3.5 “Nomination process” means the process as agreed to between SAAM and KAELO in terms of which SAAM will nominate from it’s panel of accredited mediators, as and when requested to, suitable candidates for the appointment as mediator to the KAELO member requesting such nomination and mediation referral services.
1.3.6 “the Referring Party” means the Kaelo member who requests that a dispute and/ or matter be referred to mediation in accordance with the applicable procedure as agreed to between SAAM and KAELO.
1.3.7 “the Responding Party” means the party/person with whom the “Referring Party” has a family dispute and who is required to be a party to the mediation to be held, and with whom SAAM will engage in an attempt to obtain agreement for referral to mediation.
1.3.8 “the Clients” means the Referring Party and the Responding Party.
1.3.9 “day/s” means business day and excludes Saturdays, Sundays and public holidays.
1.3.10 “Business hours” means the hours of a business day between 09:00 Am and 16:30 PM.
2. BACKGROUND AND PURPOSE
2.1 BACKGROUND:
2.1.1 This Agreement (hereinafter referred to as the “Agreement”) is a fundamental component of SAAM’s effecting its obligations as per its agreement with Kaelo (hereinafter referred to as the “Kaelo Project”). The Kaelo Project is a collaboration between SAAM and Kaelo, with the primary objective of Kaelo providing their members with information, guidance and assistance if and when disputes arise within the family context of Kaelo’s members and such members may be required to consider mediation. In terms of the collaboration as aforementioned, SAAM has agreed to provide Kaelo’s members with referrals to mediation services and facilitation of professional mediation services on certain terms and conditions as set out in this Agreement. Such terms and conditions are to be executed by SAAM’s Accredited Mediators, who are part of the Panel of Accredited Mediators for the Kaelo Project”. The Panel of Accredited Mediators for the Kaelo Project will be responsible for the facilitation of professional mediation services, subject to the terms and conditions contained below.
2.2.1 The project with Kaelo has been established with the following overarching purposes:
2.2.1.1 PROVISION OF MEDIATION INFORMATION AND REFERRAL SERVICES:
2.2.1.1.1 The primary objective of the Kaelo Project is to enable SAAM to offer mediation information and referral services to the members of Kaelo. This entails the dissemination of essential information regarding mediation, its benefits, and the facilitation of seamless access to mediation services. SAAM strives to empower Kaelo’s members with the knowledge and resources necessary to make informed decisions and choices when it comes to considering resolving disputes and conflicts within the family context by considering mediation accordingly.
2.2.1.2 PROVISION OF COMPETENT, QUALIFIED, AND PROFESSIONAL MEDIATORS:
2.2.1.2.1 The Kaelo Project underscores SAAM’s commitment to providing Kaelo’s members with access to a collective of competent, qualified, experienced and professional mediators. SAAM recognizes the significance of having skilled mediators available to facilitate the resolution of disputes and conflicts within the family context. Through this Project, SAAM aims to ensure that Kaelo’s members have access to mediation services that meet the highest standards of professionalism, integrity, and competence. SAAM strives to contribute to the peaceful and constructive resolution of family-related disputes by facilitating the engagement of experienced mediators who are well-versed in mediating such matters.
3. ELIGIBILITY:
3.1 This agreement is exclusively available to accredited mediators who are in good standing with SAAM. The accredited mediator in good standing with SAAM is required to provide the following to SAAM in order to be approved as part of the “Panel of Accredited mediators for the Kaelo Project”:
3.1.1 This agreement fully completed with the required annexures thereto (serves as application to be added to the Panel of Accredited Mediators for the Kaelo Project);
3.1.2 Proof of Payment for the Application fee and Annual Subscription fee in the amount of R 250.00 ( Two hundred and Fifty rand );
4. NATURE OF AGREEMENT AND DICLOSURE:
4.1 This agreement serves as an additional commitment and does not supersede any prior agreements entered into between you, as a SAAM member, and SAAM. Your existing agreements with SAAM remain unaffected by this specific arrangement.
5. DURATION OF AGREEMENT :
5.1 This Agreement shall be effective for a period of 12 (twelve) months from the exact date SAAM confirms to the Accredited Mediator that he/ she has been
added to the Panel of Accredited Mediators for the Kaelo Project.
5.2 Either party may cancel this agreement by providing 7 days’ written notice to the effect to the other party;
5.3 Should SAAM receive a query and/ or complaint that the Accredited Mediator has not complied with his/ her duty in terms of this agreement, SAAM reserves the right to remove the Accredited mediator from the Panel of Accredited Mediators for the Kaelo Project at it’s sole discretion until such a time as the allegation and/ or dispute has been resolved and/ or effectively addressed to the satisfaction of SAAM;
5.4 Should the Accredited Mediator increase his or her fees payable in terms of this Agreement and confined to his profile and bio (which are required as annexures to this Agreement), SAAM will be entitled to remove the Accredited Mediator’s name from the panel until such a time as the situation has been addressed by the Accredited Mediator to the satisfaction of SAAM.
6 PROCESS AND PROCEDURE OF MEDIATION FACILITATION:
6.1 SAAM is to engage with the Clients, and provide the Clients with the Agreement to Mediate and at least 3 mediators to choose from based on certain criteria of the relevant mediation case.
6.2 The signed Agreement to mediate between the Referring Party and the Responding Party will indicate their chosen mediator. The agreed upon Mediator will be assigned to the mediation case. The assigned mediator will engage with the Clients to arrange a mutually convenient venue, time and date for the mediation to commence and whereas the duties of the Accredited Mediator, as envisaged in paragraph 7.6 below arises accordingly.
6.3 Within 24 hours of the Clients and the Accredited Mediator agreeing on the commencement date, time and venue for the first mediation session, the Accredited Mediator is to provide the Clients respectively with his/her invoice and/or deposit request with the layout of such invoice and/or deposit request as per paragraph 7.9 below including the sub-paragraphs thereto.
7 DUTIES AND RESPONSIBILITIES OF ACCREDITED MEDIATORS IN TERMS OF THIS AGREEMENT:
7.1 The Accredited Mediator needs to provide all the particulars this Agreement requires including all annexures hereto (Accredited Mediator’s Bio document and Accredited Mediator’s “Fees Structure” document in the format provided in the respective annexures to this Agreement);
7.2 The Accredited Mediator needs to provide proof of payment to SAAM of the application and annual subscription fee in the amount of R250.00 (Two
Hundred and Fifty Rand) (which amount is non-refundable whether the application is approved or not) in order to be added to the Panel of Accredited Mediators for the Kaelo Project;
7.3 In addition, the Accredited Mediator herewith agrees and/or undertakes to pay R750.00 (Seven Hundred and Fifty Rand) per referral received in terms of the Kaelo Project to SAAM, within 30 (thirty) days of the commencement of the mediation. The Accredited Mediator herewith acknowledges and agrees that SAAM is authorised to execute an invoice to the Accredited Mediator the day immediately after the mediation commencement date, namely the date that has been provided by the Accredited Mediator in terms of paragraph 7.6.2 below.
7.4 The Accredited Mediator herewith agrees to bill the Clients according to his/her “Fees Structure” attached to this Agreement and undertakes not to increase
his/her tariffs for the duration of this Agreement without prior notice to SAAM of an increase to the effect. It is important to take note that the Accredited Mediator is still able to charge fees at his/her discretion, however his/her “Fees Structure” document has to be updated with SAAM before the Clients can be invoiced accordingly, due to the Clients electing mediators from the information provided by SAAM to them.
7.5 The Accredited Mediator acknowledges and agrees that should he/she not pay the invoice for referral services provided by SAAM, he/she will be required to
pay all invoices outstanding in relation to referral services of the Kaelo Project before his/her annual subscription fees for the next year can be accepted. Should the Accredited Mediator pay his/her annual subscription fees for a subsequent year, the amount received may firstly be utilised to resolve any outstanding payment from the relevant Accredited Mediator. Should the amount received be insufficient for purposes of settling both the annual subscription fees and the invoices for referral services rendered, the Accredited Member’s annual subscription fees payment may be considered not paid and the Accredited Mediator will be removed from the Panel of Accredited Mediators for the Kaelo Project.
7.6 The Accredited Mediator undertakes to inform SAAM of the following within the timeframes applicable thereto (IMPORTANT CONSIDERATIONS):
7.6.1 Confirmation of receipt of referral from SAAM in terms of the Kaelo Project, within 48 hours of receipt of such referral;
7.6.2 The proposed date the Clients had agreed to with the mediator for the first mediation session, within 48 hours of an agreement to the effect;
7.6.2.1 Should the date of the first mediation session be changed between the Clients and the Accredited Mediator, the newly agreed-upon date will be provided to SAAM within 48 hours of the newly agreed-upon commencement date, in order for SAAM to provide an invoice for referral services more accurately to the Accredited Member.
7.6.3 Confirmation that the Clients are still in the process of mediation, exactly 30 days after providing SAAM with the confirmation of receipt of referral of a specific matter as envisaged in paragraph 7.6.2 above;
7.6.4 Monthly confirmation that the applicable mediation is still in progress after paragraph 7.6.3 is completed, and until paragraph 7.6.5 is relevant.
7.6.5 Confirmation that mediation is completed and/or terminated, with outcome certificate provided to the Clients and SAAM, within 72 hours of mediation being terminated and/or finalised.
7.7 THE ACCREDITED MEDIATOR UNDERTAKES AND AGREES TO PROVIDE THE REQUIRED INFORMATION IN THE APPLICABLE TIMEFRAMES AS INDICATED IN PARAGRAPHS 7.6.1 TO PARAGRAPH 7.6.5 ABOVE. THE ACCREDITED MEDIATOR FURTHER ACKNOWLEDGES AND AGREES THAT SHOULD SAAM PROVIDE HIM/HER WITH ALTERNATIVE MEANS OF NOTIFICATION TO THE
EFFECT, THAT THE ACCREDITED MEDIATOR WILL COMPLY WITH SUCH GUIDANCE AND/OR REQUEST AND SHALL ENDEAVOUR ON HIS/ HER OWN ACCORD TO ENGAGE WITH SAAM SHOULD SUCH REPORTING PROCESS BE UNCERTAIN OR UNCLEAR TO THE ACCREDITED MEDIATOR.
7.8 The accredited mediator undertakes and agrees to conduct the mediation in accordance with SAAM’s Code of Ethics and Responsibility for Accredited Mediators.
7.9 The Accredited Mediator undertakes and agree to include the following in the first invoice to the Clients:
7.9.1 Deduction of “First 30 Minutes attendance (free)”, as per agreement with SAAM for the Kaelo Project, or
7.9.2 Any other description that provides for the first thirty (30) minutes of the mediation to be free.
8 DUTIES AND RESPONSIBILITIES OF SAAM IN TERMS OF THIS AGREEMENT:
8.1 To process this application and agreement within 7 (seven) days of receipt of this Agreement duly completed by the Accredited Mediator together with the
Annexures required in terms of paragraph 7.1 above
8.2 To inform the Accredited Mediator within 7 (seven) days of receipt of the signed version of this Agreement together with the other documents required to be
added hereto, either that he/she has been added to the Panel of Accredited Mediators for the Kaelo Project, or that the application was unsuccessful, and in
such case reasons must be provided as to why the application was unsuccessful.
8.3 To invoice the Accredited Mediator for the referral fee in the amount of R750.00
per matter the next day after a mediation has commenced as per paragraph 7.6.2 above.
8.4 To notify the Accredited Mediator at least 7 (seven) days before the Accredited Mediator is required to make payment of the annual subscription fee, which fee
is subject to change from year to year.
9. GENERAL:
9.1 EXECUTION IN COUNTERPARTS:
9.1.1 Counterparts: This agreement may be executed in counterparts, each of which shall be deemed an original and all of which are signed by both parties shall constitute one and the same instrument.
9.1.2 The version signed by SAAM will be considered the original agreement upon receipt thereof by the Accredited Mediator for administration purposes.
9.2 CONFIRMATION OF APPROVAL:
9.2.1 SAAM Approval: Notwithstanding the counter signature clause above, the effective date of this agreement shall be subject to approval by SAAM. SAAM shall have the right to review and approve this agreement within 7 (Seven) days from the date of its receipt.
9.2.2 Until such time as SAAM provides its written approval or disapproval of this agreement, this Agreement shall have no binding effect on the parties, and no rights or obligations under this Agreement shall be enforceable.
9.3 EFFECTIVE DATE:
9.3.1 SAAM’s Decision: SAAM shall promptly notify the Accredited Mediator of its decision to approve or disapprove this Agreement. If SAAM approves this Agreement, it shall become effective as of the Effective Date. If SAAM disapproves this Agreement, it shall be null and void, and the Parties shall have no further obligations or liabilities hereunder.
9.3.2 The effective date whereas the terms of this Agreement becomes enforceable on the Parties, will be the date on which SAAM informs the Accredited Mediator that he/she has been approved accordingly and that the Accredited Mediator will be added to the Panel of Accredited Mediators for the Kaelo Project, the effective date will be the date reflecting on such confirmation of subscription to the Panel of Accredited Mediators for the Kaelo Project.
10. SIGNATURE OF THIS AGREEMENT:
10.1 The Accredited Mediator acknowledges and agrees that by ticking the “Tickbox” by the Terms and Conditions on the “Submit your profile” page, he/she confirms that he/she has read this Agreement, that its contents have been explained to him/her to his/her satisfaction and that he/she understands its contents and the meaning thereof and that this document is legally binding on him/her.