1. The Parties agree to attempt, in good faith, to settle their Dispute (the details of which are set out in Schedule 1 hereto) by Mediation and to conduct the Mediation in accordance with the terms of this Agreement.
2. The Mediation will be conducted in accordance with the laws of the Republic of South Africa.

3. The person signing this Agreement on behalf of each Party warrants having authority to bind that Party and all other persons present on that Party’s behalf at the Mediation and to observe the terms of this Agreement, and also having authority to bind that Party to the terms of any settlement.

4. The Parties have agreed that Mr Reenen van Reenen, an admitted attorney and accredited civil dispute mediator, registered with the South African Association of Mediators, will be appointed as mediator

5. The Mediator shall endeavor to assist the Parties to settle the Dispute by agreement. The Mediator shall not adjudicate the Dispute, make any recommendations to the Parties or advise any Party on the merits of the Dispute.
6. The Mediator shall have the discretion to conduct the Mediation in such a manner as he determines.
7. The Mediator shall be responsible for the administration of the Mediation including the process and conduct of the Mediation, which shall be done in an expeditious and cost-effective manner.

8. Prior to and during the scheduled mediation session(s) the Parties shall, as appropriate to each party’s circumstances, exercise their best efforts to prepare for and engage in a meaningful and productive mediation.

9. Every person involved in the Mediation:
9.1 Will keep confidential all information arising out of or in connection with the Mediation, including the fact and terms of any settlement, the fact that the Mediation is to take place or has taken place unless disclosure is required by law to implement or to enforce terms of settlement; and
9.2 Acknowledges that all such information passing between the Parties and the Mediator is agreed to be without prejudice to any Party’s legal position and may not be produced as evidence or disclosed to any judge, arbitrator or other decision-maker in any legal or other formal process, except where otherwise disclosable in law.
10. Where a Party privately discloses to the Mediator any information in confidence before, during or after the Mediation, the Mediator will not disclose that information to any other Party or person without the consent of the Party disclosing it, unless required by law to make disclosure.
11. The Parties will not call the Mediator as a witness, nor require the Mediator to produce in evidence any records or notes relating to the Mediation, in any litigation, arbitration or other formal process arising from or in connection with their dispute and the Mediation; nor will the Mediator act or agree to act as a witness, expert, arbitrator or consultant in any such process.

12. In the event that the Parties settle the Dispute or any part thereof in a Settlement Agreement, then that Settlement Agreement shall be a final and binding settlement of the Dispute or such part thereof, as applicable.

13. The Mediator’s hourly rate is R2,000.00 (plus VAT).
14. The Parties shall pay the Mediator’s fees and administrative costs in equal proportions. All expenses/disbursements of the mediation, including required traveling and other expenses or charges of the Mediator, shall be borne equally by the Parties unless they agree otherwise.
15. The expenses of participants for either side shall be paid by the party requesting the attendance of such participants.

16. The disbursements which the Parties will be charged for, in addition to the hourly rate as set out in clause 16 above, are as follows:

DISBURSEMENT	AMOUNT
1. Printing	R3.50 per page
2. Copies (B&W)	R3.50 per page
4. Telephone Costs	R3.50 per minute
5. Travelling	R10.00 per km

17. The Parties will be liable for any accommodation, airfares, travelling (in addition to those set out in the table in clause 16 above) or similar disbursements incurred by the Mediator in respect of the mediation. Such disbursements shall be confirmed by the Mediator before they are incurred.

18. The Mediation of the Dispute shall terminate when:
18.1 The Mediator receives written notice from a Party stating that the Party withdraws from the Mediation provided that no Party shall withdraw from the Mediation without first orally notifying the Mediator and giving the Mediator an opportunity to mediate on that Party’s continued participation in the Mediation;
18.2 The Mediator advises the Parties in writing that the Mediator believes that there is no reasonable prospects of settlement in the Mediation; and
18.3 The Parties conclude a written Settlement Agreement provided that they agree to continue the Mediation in the event of any part of the Dispute that remains unsettled after the conclusion of the Settlement Agreement.