Appendix B
Excerpts from template open syndicated panel agreement for face to face interpreting services.
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions: In this Agreement, unless the context requires otherwise:
Dispute Manager means the people specified as such in Schedule 1;
Escalated Dispute Manager means the person specified in Schedule 1;
18. DISPUTE RESOLUTION
18.1 Dispute resolution process: Subject to clause 18.6, a party may not commence any court
proceedings relating to a dispute between the parties unless the party has complied with clauses 18.2
to 18.4.
18.2 Dispute notice: If there is a dispute between the parties in relation to this Lead Agency
Agreement, either party may give the other party notice of the nature and details of the dispute.
18.3 Negotiation: Each party wil notify the other and the Lead Agency of a dispute on the day that
the dispute arises. The parties wil use their best efforts to resolve the dispute. If the dispute is not
resolved:
a) within five Business Days, the dispute wil be escalated to the Dispute Managers; and
b) within a further five Business Days, the dispute wil be escalated to the Escalated Dispute
Managers.
18.4 Mediation: If the dispute is not resolved within 20 Business Days of receipt of the notice of
dispute, either party may by notice to the other party refer the dispute to mediation. If a party refers
the dispute to mediation, they must notify the Lead Agency of the mediation promptly fol owing such
referral. The mediation wil be in Wel ington and conducted under the Resolution Institute standard
mediation rules. If the parties do not agree on a mediator or the mediator’s fees within 5 Business
Days of receipt of the notice of mediation, the mediator wil be appointed, or the fees set, by the chair
of Resolution Institute (or his/her nominee) at the request of either party. The parties wil bear the
mediator’s fees equally.
18.5 Continued performance: Regardless of any dispute, each party must continue to perform this
Lead Agency Agreement to the extent practicable, but without prejudice to their respective rights and
remedies.
18.6 Urgent relief: Nothing in this clause 18 wil preclude a party from seeking urgent interlocutory
relief before a court.
SCHEDULE 1: CONTRACT INFORMATION
REPRESENTATIVES
The Agency’s representative: Ivanica Meshtrovich,
[email address], +64 4 897 5444 ext 49444,
(Schedule 5)
[withheld under s9(2)(a)]
The Service Provider’s representative: [insert name of and contact
details for the representative.]
DISPUTE
Lead Agency
MANAGERS
Dispute Manager: Andrew Lockhart, [email address],
(Clause 18.3)
+64 9 9282217, [withheld under s9(2)(a)]
Escalated Dispute Manager: Fiona Whiteridge,
[email address], [withheld under s9(2)(a)]
Service Provider
Dispute Manager: [insert name and contact details for the Dispute
Manager]
Escalated Dispute Manager: [insert name of and contact details for
the Escalated Dispute Manager]
Postal address
SCHEDULE 5: GOVERNANCE AND REPORTING
1. GOVERNANCE STRUCTURES
1.3 Role of Service Provider’s Representative: The functions and duties of each Service
Provider’s Representative include:
…
f) managing any dispute or potential dispute in accordance with the escalation procedure set
out in the Lead Agency Agreement.
…
2. RELATIONSHIP MANAGEMENT
2.1 Procedures:
a) Any issues or disputes must be managed by the Participating Agency and the Service Provider
in the first instance.
b) If unable to be resolved, the issue is to be notified to the Lead Agency’s Representative.
c) If unable to be resolved, the issue is to be escalated in accordance with clause 18.3.
2.3 Reporting: The Service Provider wil provide the fol owing reports (or a reduced scope of reports if
agreed in writing by the Lead Agency), monthly (or at a lesser frequency if agreed in writing by the
Lead Agency):
…
f) A summary of feedback received from Participating Agencies, including (where permitted) a
list of each complaint received.
g) A summary of feedback received from the Service Provider’s pool of interpreters.
SCHEDULE 6: PARTICIPATING AGENCY TERMS AND CONDITIONS
17. DISPUTE RESOLUTION
17.1 Dispute resolution process: Subject to clause 17.6, a party may not commence any court
proceedings relating to a dispute between the parties unless the party has complied with clauses 17.2
to 17.4.
17.2 Dispute notice: If there is a dispute between the parties in relation to this Participating Agency
Agreement, either party may give the other party notice of the nature and details of the dispute.
17.3 Negotiation: Each party wil notify the other and the Lead Agency of a dispute on the day that
the dispute arises. The parties wil use their best efforts to resolve the dispute. If the dispute is not
resolved within five Busine ss Days, the dispute wil be escalated to the parties' respective senior
managers and notified to the Lead Agency.
17.4 Mediation: If the dispute is not resolved within 20 Business Days of receipt of the notice of
dispute, either party may by notice to the other party refer the dispute to mediation. If a party refers
the dispute to mediation, they must notify the Lead Agency of the mediation promptly fol owing such
referral. The mediation wil be in Wel ington and conducted under the Resolution Institute standard
mediation rules. If the parties do not agree on a mediator or the mediator’s fees within 5 Business
Days of receipt of the notice of mediation, the mediator wil be appointed, or the fees set, by the
chair of Resolution Institute (or his/her nominee) at the request of either party. The parties wil bear
the mediator’s fees equally.
17.5 Continued performance: Regardless of any dispute, each party must continue to perform this
Participating Agency Agreement to the extent practicable, but without prejudice to their respective
rights and remedies.
17.6 Urgent relief: Nothing in this clause 17 wil preclude a party from seeking urgent interlocutory
relief before a court.
