Page:Mediation Act 2017.pdf/6

6 (3) For the purposes of subsection (2), a meeting includes a meeting conducted by electronic communication, video conferencing or other electronic means.

(4) In this section—
 * “data message” means information generated, sent, received or stored by electronic, magnetic, optical or similar means, including, but not limited to, electronic data interchange (EDI), electronic mail, telegram, telex or telecopy;
 * “electronic communication” means any communication that is made by means of data messages.

Meaning and form of “mediation agreement”

4.—(1) In this Act, “mediation agreement” means an agreement by 2 or more persons to refer the whole or part of a dispute which has arisen, or which may arise, between them for mediation.

(2) A mediation agreement may be in the form of a clause in a contract or in the form of a separate agreement.

(3) A mediation agreement must be in writing.

(4) A mediation agreement is in writing if its content is recorded in any form, whether or not the mediation agreement has been concluded orally, by conduct or by other means.

(5) A reference in a contract to any document containing a mediation clause constitutes a mediation agreement in writing if the reference is such as to make that clause part of the contract.

(6) A reference in a bill of lading to a charterparty or any other document containing a mediation clause constitutes a mediation agreement in writing if the reference is such as to make that clause part of the bill of lading.

Act binds Government

5. This Act binds the Government.