Mediation process:
- The Party shall send a mediation request to the registrar which shall be considered as the starting date of the mediation process.
- The prospective Mediator shall, by accepting appointment, be deemed to have undertaken to make available sufficient time to enable the mediation to be conducted expeditiously.
- The Mediator and the Parties shall promptly discuss the manner in which the mediation shall be conducted, the methods of exchanging documents and submissions, and the mediation timetable.
- After the discussions, the Mediator shall promptly provide the parties with a written note informing them of the manner in which the mediation shall be conducted.
- In establishing and conducting the mediation, the Mediator shall be guided by the wishes of the Parties and shall treat them with fairness, justice and impartiality, and shall provide them with an equal opportunity to present their case.
- The Mediator shall be free to meet and to communicate separately with a Party on the clear understanding that information given at such meetings and in such communications shall not be disclosed to the other Party without the express authorization of the Party giving the information.
- The mediator shall always maintain confidentiality.
- Proceedings which have been commenced pursuant to the Rules shall terminate upon written confirmation of termination by the Registrar to the Parties after the occurrence of the following:
- The signing by the Parties of a settlement agreement;
- The notification in writing made to the Mediator by any Party that it no longer wishes to pursue the mediation;
- The notification in writing by the Mediator to the Parties that, in the Mediator’s opinion, the mediation will not resolve the dispute between the Parties;
- The notification in writing by the Registrar to the Parties that any time limit set for the proceedings, including any extension thereof, has expired;
- The notification in writing by the Registrar to the Parties, not less than seven (7) days after the due date for any payment by one or more Parties pursuant to the Rules, that such payment has not been made; or
- The Mediator shall promptly notify the Registrar of the signing of a settlement agreement by the Parties or of any notification given to or by the Mediator pursuant to the above.
- Further details of mediation are available in (mediation rules)
Request For Mediation Form
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