GUIDELINES FOR COMMERCIAL MEDIATION

Time, Date and Place of Mediation

  • The mediation shall take place as soon as practicable after Mediation Solutions is contacted by the parties’ representative.
  • Arrangements will be made with the representative where the parties and the mediator will hold a preliminary meeting to discuss the process and to establish the issues.

The role of the Mediator

  • The mediator does not have the authority to impose a settlement on the parties but will assist the parties in reaching a mutually acceptable resolution to the dispute.
  • Where necessary the mediator will seek expert advice concerning technical aspects of the dispute provided that the parties agree and assume the expenses of the experts.

Representation and Attendance

  • When the party is an individual, the individual must attend the mediation. When the party is a company, an authorised company representative must attend the mediation. This person must have the authority to settle the dispute.
  • The parties are entitled to bring legal, technical and others with knowledge relevant to the resolution of the dispute. Exactly who is to attend the mediation will be discussed and agreed at the preliminary meeting.

Confidentiality

  • Discussions arising out of mediation are off the record and without prejudice. The parties agree not to call upon or subpoena the mediator to give evidence in any future judicial procedure. The parties will agree to preserve total confidentiality in relation to discussions during the mediation.

*This is intended as a brief outline of the guidelines, for further information contact Mediation Solutions either by phone on via email.

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