Mediation is process where parties voluntarily agree to refer their dispute to mediation and the mediator is appointed by parties, who is independent and impartial, assist the parties by facilitating the negotiations and amicable solutions to resolve the dispute.
Mediation is private and confidential, all confidential information or documents disclosed during mediation sessions shall not be disclosed to the other party or in other forums.
Mediation is without prejudice, all discussions, offers and admissions made during mediation sessions, shall not be used as evidence and will not be used against any party in the mediation or in other forums.
The parties may also agree to refer their disputes to mediation even if they have started legal proceedings or before legal proceedings by giving referral to mediation notice and they both sign joint minute and enter into mediation agreement by giving the appointed certified mediator the authority to assist the parties by drafting mediator's report after concluding the mediation sessions whether the parties reached a resolution to their dispute or in arears where the parties do not agree.
If a party wishes to refer commercial & civil dispute to mediation must give referral to mediation notice to the responding party and the responding party must give notice to the referring party indicating acceptance of the referral or opposing the referral, within 5 court days or if in default period, not more than 15 court days.
The referring party must state the reasons to refer the dispute to mediation and also the responding party must give reasons, if he/she opposes the referral of the dispute to mediation.
The responding party may also agree or reject the proposed mediator appointed by the referring party.
If the responding party rejects the proposed mediator appointed by the referring party, the responding party must propose another three mediators, from another three different Recognized Mediation Organizations.
The referring party may accept, or reject the proposed mediator appointed by the responding party, if the referring party accept the proposed mediator to be appointed, such mediator must agree and be appointed within 5 court days.
The parties in commercial & civil dispute must sign a joint minute indicating election to refer the dispute to mediation and after the parties have signed the joint minute agreeing to refer the dispute to mediation, prior legal proceedings or after legal proceedings have commenced, any time limit required by rules to deliver pleadings, notices and filing of affidavits shall be suspended from the date the parties signed the joint minute to mediate until the time of concluding the mediation.
Any party to the mediation proceedings who believes that the time suspension required by rules to deliver pleadings, notices and filing affidavits is to cause unreasonable delays may apply to court to uplift the time suspensions.
The mediation proceedings must be concluded within 30 days after the parties have signed the joint minute agreeing to mediate, however a Judge or court may extend the 30 days time of concluding the mediation proceedings on good cause shown.
The purpose of the joint session is for the mediator to inform the parties of the mediation process and deal with any procedural questions relating to the anticipated mediation that any of the parties might raise.
The parties must sign the agreement to mediate the dispute by the accredited mediator appointed by them, in order to give the mediator the authority to mediate the dispute impartial and without prejudice not less than 1 week before the date to start mediation proceedings.
The agreement to mediate signed by the parties and the mediator, must contains provisions of rescheduling or terminating the mediation proceedings under specific conditions.
When parties signs the agreement to mediate, they must: