Any party may initiate mediation by contacting us and booking an appointment and providing us with the name and contact information for the other party and his or her legal representative.
A joint application for mediation may be submitted by the parties. Where a joint application is submitted the mediation will be conducted more quickly.
Each party is required to prepare and deliver to us a mediation brief setting out:
- A summary of the facts and the issues in dispute
- The party’s suggestion as to how the dispute should be resolved
- Any essential documents or reports that the party believes would be important in their settlement discussions
The Mediation brief should be delivered to us at least 4 days before the mediation session and a copy given to each of the other parties.
Attendance at Mediation
The mediation session should be attended by parties with authority to settle the dispute and their lawyers (if any). If the parties with authority are unable to attend the must be available by phone.
Before the mediation commences everyone who is attending must sign the Agreement to Mediate.
Communications made at mediations are confidential and should not be disclosed to anyone who is not a party to the mediation except where the disclosure of a settlement agreement is necessary for the purpose of implementation or enforcement of a settlement agreement.
Communications made at mediations are made without prejudice.
The mediator shall not be compellable to appear as a witness or expert in any proceeding involving any of the parties or relating in any way to the subject matter of the mediation.
The parties shall not rely on or introduce as evidence in any arbitral or judicial proceedings:
- Any view expressed or suggestions made by the other party in respect of a possible settlement.
- Any admissions made by the other party in the course of the mediation.
- Any proposals or recommendations made by the mediator.
The mediator, shall not be liable to any party or representative for any act or omission in connection with the mediation.
Each party will be required to make a brief opening statement explaining that party’s position on the dispute. The mediator may caucus privately with any party during the mediation and any party may request a private caucus with the mediator.
The parties should take with them any documents that will be needed in order to effectively negotiate. The documents will help the mediator to better understand the case. Upon request any documents presented to the mediator will be kept confidential and will not be revealed to the other party.
Any settlement agreement reached must be put in writing and signed by the parties. If the parties are unrepresented, the mediator may recommend that the parties seek independent legal advice before a settlement agreement is signed.
The mediation may be terminated:
- by agreement between the parties; or
- If a settlement is reached by the parties; or
- If the mediator is of the view that the mediation ought to be terminated.
The parties agree to pay the applicable mediation fees and the parties are jointly and severally responsible for the payment of the said fees. The parties may agree between them as to how the fees will be paid, but remain jointly and severally liable to us for the entire account if the fees are not paid in full.