Submission of dispute for mediation
1. (1) A party to a dispute whether or not there is a mediation agreement in respect of that dispute may initiate mediation with the Centre by
(a) filing 2 copies of a submission for mediation with the Centre;
(b) paying the prescribed fee; and
(c) serving each of the parties to the dispute with a copy of the submission.
(2) A submission shall contai
(a) a statement of the nature of the dispute, and
(b) the names, addresses and telephone numbers of the parties to the dispute.
Reference to mediation by court
2. (1) A court before which an action is pending may at any stage in the proceedings, if it is of the view that mediation will facilitate resolution of the matter or part of the matter in dispute, and the parties desire mediation by the Centre, refer the matter or that part of te matter to the Centre for mediation.
(2) A reference under rule (1) shall state
(a) the nature of the dispute;
(b) the monetary value of the claim; and
(c) the remedy sought and shall have attached copied of the pleadings and any other documents the court considers relevant.
(3) A reference under this rule shall serve as a stay of proceedings of the court action.
(4) Where a reference leads to a settlement of the dispute or a part of the dispute, the settlement shall be
(a) filed in the court;
(b) recorded by the court as its judgment of the court; and
(c) enforce by the court as its judgment.
(5) Where the reference does not lead to a settlement, the court shall continue with the proceedings from the point where the reference was made.
Appointment of mediator
3. (1) The Centre on receipt of a submission shall appoint a qualified person registered with the Centre to serve as a mediator in the dispute.
(2) Where the parties name a mediator or specify a method of appointing a mediator in an agreement, the Centre shall appoint the person named or follow the specified method.
(3) Unless the parties agree otherwise, the Centre shall appoint only one person to serve as mediator.
Mediator with interest
4. Except by the written consent of the parties, the Centre shall not appoint a person to serve as a mediator in a dispute if that person has a financial or personal interest in the outcome of the dispute.
Disclosure by mediator
5. (1) A person appointed a mediator shall disclose any circumstance relating to that person that is likely to
(a) create a presumption of bias; or
(b) affect the conduct of mediation before accepting the appointment.
(2) Where a disclosure is made under subrule (1), the Centre shall within seven days of the disclosure inform the parties.
(3) If a party upon being informed of a disclosure objects to the proposed mediator, the Centre shall appoint another mediator in substitution.
Termination of appointment for delay
6. The Centre may replace a mediator who fails to start work promptly.
Filling of vacancy in mediation
7. Unless the parties otherwise agree, the Centre shall appoint another mediator to replace a mediator who is unable to perform or vacates the post.
Powers of mediator
8. (1) A mediator shall do everything necessary to help the parties to satisfactorily resolve their dispute.
(2) The mediator may conduct joint or separate meetings with the parties and make recommendations for settlement.
(3) The mediator may where necessary and if the parties agree to pay the expenses, obtain expert advice on technical aspects of the dispute.
(4) A request for the services of an expert may be made by the mediator or by a party with the consent of the mediator.
(5) A mediator may end the mediation whenever the mediator is of the opinion that further mediation between the parties would not help resolve the dispute between the parties.
Representation in mediation
9. (1) A party may be represented by a lawyer, an expert or any other person chosen by the party.
(2) A party shall communicate in writing to the Centre and the other party the name and address of any representative within seven days of the representative’s appointment.
Date, time and place of mediation
10. (1) The mediator shall determine the date and time of each mediation session.
(2) Subject to the mediator choosing a convenient place, the Centre with the agreement of the parties, shall determine the place for the mediation.
Identification of issues in dispute
11. Not later than eight days before the first mediation session, each party shall present to the Centre and other party, a memorandum setting out the party’s position with regard to the issues which require resolution.
Presentation of relevant documents and information
12. A party shall present documents and information required for the resolution of the dispute to the mediator at the first mediation session.
Attendance at mediation
13. Except where the parties agree and the mediator consents, a person who is not a party to the mediation shall not attend a mediation session.
Confidentiality of mediation
14. (1) Records, reports and the rather documents required in the course of mediation shall be confidential.
(2) A mediator shall not disclose confidential information given in the course of the mediation.
(3) A party to a mediation shall not rely on
(a) the record of the mediation;
(b) any evidence adduced at the mediation; or
(c) information obtained during the mediation as evidence in court proceedings.
Suggestions by parties for settlement of dispute
15. Each party may, on that party’s own initiative or at the invitation of the mediator, submit to the mediator suggestions for the settlement of the dispute.
End of mediation
16. (1) A mediation ends when
(a) the parties execute a settlement agreement;
(b) the mediator makes a written declaration to the effect that further mediation is not worthwhile; or
(c) a party makes a written declaration to the effect that the mediation is terminated.
(2) The settlement at a mediation is binding on the parties only where the parties so agree.
Exclusion of liability
17. (1) The Centre or a mediator is not a necessary party in any court proceedings relating to the mediation.
(2) The Centre or a mediator is not liable to a party for an act or omission in respect of a mediation under this Act.
18. (1) A party to a mediation shall pay the expenses of its witnesses.
(2) The parties shall equally pay the expenses of the mediation including the expenses of
(a) the mediator;
(b) the representative of the Centre (if any); and
(c) witnesses and experts called by the mediator.