Mediation Services
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MEDIATION is a dispute resolution mechanism which provides for a process which is managed by a third party neutral intervenient called the Mediator or by a Panel of such Mediators, who assist disputing parties to come to an amicable settlement of their dispute.
The objective of Mediation is to achieve a fair and equitable settlement of a dispute in a non-confrontational, non-adversarial manner expeditiously, and to the satisfaction of the disputing parties.
The role of the Mediator is to facilitate the process using special skills and techniques to assist the parties to understand their core issues and arrive at a mutually acceptable settlement. The Mediator does not judge the issues or direct the Parties to accept a settlement. It’s a non coercive process that steers disputants along a path that inspires them to find solutions to their satisfaction. Mediations are conducted in compliance with Rules that govern the process from its commencement to its conclusion. The Rules of the CCC-ICLP ADR Center are set out herein.
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“The parties hereby agree that any dispute arising out of or in connection with this contract shall be referred to the CCC-ICLP International ADR Center to be resolved through Mediation in compliance with the CCC-ICLP International ADR Center Mediation Rules.”
The MedArb model clause
“The parties hereby agree that any dispute arising out of or in connection with this contract, shall be referred to the CCC-ICLP International ADR Center to be resolved through Mediation in compliance with the CCC-ICLP International ADR Center Mediation Rules. If the dispute is not settled within thirty (30) days of the appointment of Mediator/sin terms of the said Mediation Rules, or within such other period as the parties may agree to in writing, such dispute shall thereafter be referred to arbitration in terms of the CCC-ICLP International ADR Center Rules on Arbitration, by one or more arbitrators appointed in accordance with the said Rules of Arbitration.”
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What is Mediation?
Mediation is a method of resolving disputes between parties with the assistance of a third person (called the Mediator) who plays a non coercive role. It’s a non-adversarial informal process. Mediation has a focus on empowering the disputants to find solutions to a problem though a proper understanding of the core issues and with a focus on their interests and needs. That understanding is sought to be reached through a disciplined process that’s managed by the Mediator. The process affords an opportunity to disputants to express their concerns and issues directly. The Mediator has no authority to impose a binding decision on the parties.
There are many types of mediations. The type that’s offered by the Center at the moment is facilitative mediation.
What is it an alternative to?
The movement to adopt ADR processes developed because of a deep seated dissatisfaction with the court procedure which was riddled with delay, expense and uncertainity. However, Arbitration as practiced in many countries including in Sri Lanka has also lost its glamour as a viable alternative, simply because it has evolved as “a court outside the courts” riddled with the same evils of delay and expense which were sought to be eliminated through alternatives. Hence the development of other alternatives such as mediation starting with a modern North American model in the 1970’s.
The popularity of Mediation as a meaningful method resulted in its use for cross border commercial and investment disputes and, in time, a demand for a UN Convention to establish a common framework for the enforcement of mediated settlement agreements entered into by contracting parties across. This is explained later.
Why are alternatives important?
The movement to adopt ADR processes developed because of a deep seated dissatisfaction with the court procedure which was riddled with delay, expense and uncertainity. However, Arbitration as practiced in many countries including in Sri Lanka has also lost its glamour as a viable alternative, simply because it has evolved as “a court outside the courts” riddled with the same evils of delay and expense which were sought to be eliminated through alternatives. Hence the development of other alternatives such as mediation starting with a modern North American model in the 1970’s.
The popularity of Mediation as a meaningful method resulted in its use for cross border commercial and investment disputes and, in time, a demand for a UN Convention to establish a common framework for the enforcement of mediated settlement agreements entered into by contracting parties across. This is explained later.
How does Mediation differ from litigation and Arbitration?
- In Litigation a third party who is expected to be neutral (a Judge), hands down a judgment after hearing all the parties. In Arbitrations, an Arbitral Tribunal does the same. Both are adversarial in nature. In Mediation, the Mediator has no power to impose a decision on the parties. The Mediator only manages the mediation process and assists the parties to reach their own solution.
- In litigation there are strict rules of evidence that determine what documents can be submitted as evidence to prove claims. In Arbitration, Arbitrators are not governed by rules of evidence. In Mediation, nothing needs to be proved, so rules of evidence are irrelevant and don’t apply.
- In litigation there are strict rules of procedure that must be complied with. It’s the same with Arbitrations. In Mediation, the Mediator will follow a disciplined procedure that helps parties to discuss matters but the atmosphere is very informal.
- In litigation, it’s important to have the services of Lawyers to argue points of law before the Judge. It’s the same with Arbitrations where Lawyers argue points of law based on rights and remedies before Arbitrators. In Mediation, while Lawyers can be present and assist parties, the disputants have complete freedom to speak for themselves without speaking through a Lawyer, since legal rights and remedies are not what’s determined but the interests and needs of parties.
Is it true that mediation requires a compromise?
A compromise presupposes that you have taken a position with regard to what you deserve, and the dispute is all about not being able to satisfy that position because of a contradictory position of another party.
In mediation you may opt to shift from that position and settle for a different outcome but only because you accept that it’s the best outcome for you and meets your needs and satisfies your interests. In essence, it’s about being helped through the process to understand your real needs and interests and ensuring that you get that. So, it’s more about cooperation and collaboration than compromise.
What disputes can be referred to Mediation at the IADRC?
Any dispute arising from a contractual agreement relating to a “commercial” matter, and which is claimed to have been breached, can be referred to mediation at the Center.
It’s a reality that if one wants to avoid litigation, the ADR process that is most suitable for a specific dispute must be determined with full knowledge of the values and benefits of each process. It’s accepted globally that mediation is suitable for a wide category of disputes ranging from commercial and investment disputes to family and matrimonial disputes to employment related disputes.
Can categories of disputes other than commercial disputes, be resolved by mediation?
Yes, there are two statutes in Sri Lanka that provide for State managed Mediation Boards to entertain applications for the resolution of other categories of disputes. See Question No. 26. However, the Center provides services only for commercial dispute resolution.
Why is mediation a good alternative?
User preference for Mediation is due to the following -
- It’s a speedier process.
- It’s cost effective.
- It has a focus on finding a solution that satisfies the needs and interests of parties.
- The process recognizes party autonomy. Parties have complete control over the outcome
- The process is informal and flexible
- Impartiality is assured
- The process is designed to help improve relationships. In business, it’s important to be able to have a good relationship and be able to continue business
- Confidentiality is assured. Matters discussed cannot be used in a court of law.
Has mediation been successful in settling commercial disputes?
Yes. That’s why it’s gaining popularity and is preferred to litigation and even to arbitration. It’s this popularity that inspired UNCITRAL to promote the adoption by the United Nations, of the Singapore Convention. See Question No. 28.
How does a mediation commence?
Where the parties have included a mediation clause in an agreement, and a dispute under that agreement arises, either party can initiate the mediation by making a request to the Center.
Even if there is no mediation clause, either of the parties can make a request to the Center to commence a mediation, voluntarily. In such an event, the mediation can commence only if both parties agree to mediate the dispute. See “How to start a mediation”
What’s a “Mediation clause”?
A Mediation clause is a clause included in an Agreement whereby the parties to that Agreement agree to refer any dispute that may arise, to be resolved by Mediation. This in effect means that the parties agree not to file action in a court of law before referring the dispute to be resolved by Mediation. If Mediation fails, then the parties are free to file action in court.
Even if the parties have not included a Mediation clause in an agreement, parties can refer a dispute to Mediation voluntarily.
What is the role of a Mediator?
The Mediator manages the process. Since the process is a very disciplined one with very specific phases and stages, a Mediator needs specific skills and needs to adopt specific techniques to facilitate the process. Hence, it’s very important that Mediators are well trained in managing the process. Importantly, a mediator has to abide by a strict code of conduct.
Training in the techniques and skills of mediation is as vital for a Mediator as legal training is to those who’re permitted to practice law. The Center has trained and qualified Mediators that can be appointed to mediate and a Code of Conduct that Mediators must abide by.
What’s the procedure adopted in Mediation?
The procedure adopts a disciplined approach which must be strictly adhered to, and which is managed by the Mediator. The process commences with the Mediator addressing all parties to the dispute and explaining the process, and thereafter provides each of the disputing parties the space to “unpack” their story, be listened to by the Mediator and the other party, and through that process to reach a new understanding of the core issues, and to be empowered thereby to identify their own solutions that are acceptable to each party through a consensual approach. The Mediator will have joint sessions at which all parties will be present and will also have private sessions with one party at a time. A Mediator will not communicate to the other party, anything revealed to him/her in confidence.
Are there Rules to govern the mediation process?
Yes, the Center has its own Mediation Rules.
The Rules provide for matters relating to the governance of the total process, including how a disputing party can submit a request to the Center to conduct a mediation, follow up steps, duties of the Center, selection of Mediator/s, duties of the parties, duties and conduct of the Mediator including impartiality and independence, confidentiality, fees payable, manner of concluding a mediation and the entering into a settlement agreement. .
When a request is made to the Center to mediate a dispute, the parties can opt to use the Center Rules, or any other Rules. The Center encourages parties to opt for the Rules of the Center since they incorporate international norms and best practices. The Mediation Rules of the Center can be accessed here
What are the main principles of conduct that a Mediator must comply with?
Neutrality and confidentiality. A Mediator is appointed only with approval of the disputants. A Mediator who has a conflict of interest is not permitted to accept an appointment to mediate. The Mediator is required to sign a Declaration of neutrality, and in the event of perceived conflict a Mediator must sign a disclosure and will be appointed only if the parties are satisfied that neutrality will nevertheless be maintained and approve the appointment in writing,
The Mediator is also required to maintain absolute confidentiality with regard to all matters discussed during the mediation. Mediators must sign the pledge to abide by the Code of Conduct of the Center, prior to appointment.
How is a mediator selected to mediate a dispute?
The Center has a list of accredited Mediators. The parties can select a Mediator in compliance with the process set out in the Rules of the Center, for selecting a Mediator or Mediators.
How does the Center grant accreditation to Mediators?
The Center has adopted Rules for the Accreditation of Mediators that prescribes the eligibility requirements that must be fulfilled for the accreditation of Mediators and also the procedure. Mediators who satisfy the eligibility criteria ie. those possessing the requisite qualifications, knowledge and experience in mediating, are considered for accreditation upon application. Internationally reputed Mediators can also be accredited.
What is expected of the Parties during Mediation?
The parties are required to be honest and truthful about the matters disclosed, and be courteous and respectful to the other party. Parties are also bound to maintain confidentiality with regard to the matters discussed during the mediation. This is to ensure that any statements made or concessions offered by any party during the mediation in order to reach a settlement, is not taken as an acceptance by that party of any position (particularly as a surrender of a right) or of any fact with regard to the matter in dispute, if pursued in another dispute resolution process.
Are Lawyers permitted in a mediation?
While parties can have the assistance of Lawyers and can also have opportunities to consult with their Lawyers during the mediation process, parties cannot be represented by Lawyers at the sessions. This is to ensure that party autonomy is preserved and that parties can derive the benefit of the informal environment which is a key feature of mediation. Reliance is placed to some extent on direct contact between the parties, even if briefly, as circumstances demand. Since mediation does not seek to ascertain or judge legal rights and wrongs but rather seeks to ascertain the interests of parties, the parties alone have the best idea of how their interests will be met.
How is a Mediation concluded?
If the mediation is successful, the process is concluded by the parties entering into a written settlement agreement in which all of the terms and conditions that are agreed to, ie. the obligations of each party, are incorporated. If the mediation is not successful, it’s concluded when the Mediator or the parties wish to bring closure without a settlement and terminates the mediation.
How can the obligations under a mediated settlement agreement, be enforced?
It may be noted that obligations assumed under Agreements between Parties are honored without any reference to courts. The settlement agreement has the same status and the parties to the settlement agreement have the same obligation to honour the undertakings as in the case of any other agreement between parties. The expectation is that, since a mediated settlement agreement is arrived at by consensus of the parties, the chances of a breach of the terms is minimal.
When an Award is made by an Arbitral tribunal, it can be enforced without the need for any further steps. Similarly, when parties enter into a settlement agreement the parties are bound to honour the provisions of that agreement, without the need for any further steps.
The obligation to honour the terms of an Agreement arises upon entering into the Agreement, and is not dependant on a decree of court. If a party to that agreement does not honour the obligations, the other party can apply to court to enforce compliance.
Can parties revise or revoke a settlement agreement after signing?
That’s possible. The Rules of the Center provide that a party may, within thirty (30) days after entering into an agreement, make an application to the Centers to revise or revoke an agreement on three specific grounds. These are – (a) if the terms and conditions were agreed to without a proper appreciation of the ensuing obligations; or (b) circumstances have arisen that prevent a party from honoring the obligations, or (c) there was bias on the part of the Mediator. The Center will appoint a Mediator in consultation with the parties to inquire into the issues raised and attempt a resolution in compliance with the Rules.
What is the position if there’s ongoing litigation?
An action in a court of law is not affected by a reference to mediation. Counsel must inform court of the reference to mediation and counsel may want to request court to await the outcome of the mediation. If a settlement is reached, parties can request court that the terms of the mediated settlement be adopted as a court settlement. If a settlement is not reached, the court case can proceed.
What are the fees payable for a Mediation?
In the case of the CCC-ICLP IADR Center, there’s a Fee schedule that sets out the fees payable. There’s a professional fee to be paid to the Mediator/s and also components to cover processing, documentation and administration related to the mediation.
How can I start a mediation?
A Reqeust for Mediation must be submitted to the Center. Please see How to start a Mediation.
What are the laws that govern mediation, in Sri Lanka?
There are two statutes that are operational-
a.) Mediation Boards Act, No. 72 of 1988 (as amended by Acts Nos. 15 of 1997 , 4 of 2011 and 9 of 2016) – This Act provides for the establishment of Mediation Boards administered by Government for the settlement of minor disputes (as of 1996, disputes below Rs. 500,000/- in value). Commonly known as “community mediation Boards” these Boards have been established island wide in every divisional secretariat division. Mediators are appointed by the Mediation Boards Commission.
b.) Mediation (Special Categories of Disputes) Act No. 21 of 2003 – This Act provides for the establishment of Panelsmof Mediators to handle identified categories of disputes to be mediated by Mediators with appropriate qualifications. The category of dispute, the jurisdictional area and the monetary threshold below which the disputes must be mandatorily referred to mediation, as well as the qualifications required for appointment as Mediators are required to be prescribed by the Minister.
In 2005 Panels were established to settle Tsunami related disputes in certain areas that were affected by the Tsunami of 2004. In 2015, 2018 and 2021 Orders were made to establish Panels to handle land disputes in a total of 16 administrative Districts. In 2021 an Order was Gazetted to establish Boards to handle Financial disputes.
The above laws provide that disputes below the specified monetary threshold must be referred for mediation mandatorily and no case can be filed in court unless the mediation fails. Disputes above the threshold can be referred to Mediation Boards voluntarily by parties. There are certain categories of disputes that cannot be referred to Community Mediation Boards, even with the consent of parties.
There’s no law governing mediations conducted outside these areas. The Center has drafted and submitted legislation for this purpose, to the Minister of Justice.
Why is a law required?
There are certain principles that must be recognized in a statute to ensure compliance and enforceability. These features are necessary to enrich the regime in which mediations are conducted outside the State managed Boards. These are–
- ouster of court jurisdiction where there’s a mediation clause.
- excluding the period taken for mediation, in computing the prescriptive period.
- obtaining court recognition, if one wishes to, of a mediated settlement agreement.
- ensuring the confidentiality of matters discussed during the mediation and to prevent disclosure.
- ensuring minimum standards of conduct for mediators.
- ensuring compliance by mediators with universally accepted norms in the conduct of mediations, to sustain the integrity of the process.
Are there any international conventions on mediation?
Yes. Considering that mediation has emerged as a successful commercial dispute resolution mechanism globally, the United Nations adopted the Convention on International Settlement Agreements Resulting from Mediation on December 20, 2018. Popularly known as the Singapore Convention, it provides for a framework and principles for the enforcement of international settlement agreements resulting from mediation of commercial disputes. The Convention mandates States Parties to enact domestic legislation to grant recognition for the settlement Agreement through a court of law.
Considering that there’s significant business being transacted across borders, and the increasing use of mediation to resolve disputes, the need for formal recognition of mediated settlements where the parties to the settlement are in different countries, was considered to be necessary. UNCITRAL had recommended the adoption of the Convention, after wide stakeholder consultations and deliberations stating that it’ll be a boost to cross border trade and business.
Sri Lanka became a signatory to the Convention on August 7, 2019 and must now enact domestic legislation. Sri Lanka can then ratify the Convention. The Center drafted necessary legislation for this purpose and submitted same to the Minister of Justice, for consideration.
Why is domestic legislation necessary ?
When a country signs a UN Convention, the provisions of the Convention do not automatically apply in the country. Each country must enact domestic legislation to provide for the obligations under that Convention and must adopt statutory provisions that are required under the Convention. In this case, in order that our courts may recognize and enforce internationally mediated commercial agreements, it’s necessary to have legislation that applies in Sri Lanka, to provide for the procedure to seek recognition and to also provide for the role of the court.
There’s similar provision in the Arbitration Act, No. 11 of 1995 where provision was made to enforce foreign arbitration awards in Sri Lanka in compliance with the principles of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards which was adopted by the UN in 1958.- Details
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The IADRC is a not-for-profit entity. The fees payable are those required to defray expenses on account of delivering services from commencement to closure of the mediation
The fees for each mediation will differ based on the requirements. Since each dispute has its own characteristics and therefore varying needs in terms of time and duration etc. it’s not possible to stipulate a specific fee for all mediations.
The services for which fees will be levied are the following
- Administration fee – cost of venue and managing the mediation process commencing with the pre mediation conference upto closure.
- Processing fee – cost of processing documents for compliance and advising on same.
- Documentation & communications fee – cost of compiling documents and communicating including via courier service, with parties and mediators, as required.
- Mediators professional fee – the fee payable to a Mediator for professional services.
- Other services – cost of such other services as may be required, as for example, Interpreters where such services are requested.
- Advance payment - The Center will require an advance payment against the fees, payable at the commencement when the Agreement to Mediate is entered into.
A party that wishes to have an assessment of fees may call on 0775313829 and obtain a costing.
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In the conduct of Mediations, the CCC-ICLP International ADR Center (the “IADR Center”) will use the services of Mediators who are accredited by the Center in compliance with Guidelines adopted by the Center or such other Mediators as are nominated by disputing parties to the Mediation. A Mediator appointed by the ADR Center, whether an accredited Mediator of the IADR Center or otherwise, is required to observe the principles set out in the ‘Mediation Rules of the IADR Center’ as well as this ‘Code of Conduct for Mediators’. They will also be guided by the procedure set out on the ‘Manual for Mediators of the IADR Center’. The principles and procedures in these documents are compatible with universally accepted norms that ensure confidence in the process, as an impartial, confidential and reliable process that respects self determination.
The Code of Conduct is not meant to serve as an exhaustive set of rules that govern every situation in a Mediation process but sets out the basic ethical principles that must be observed by Mediators. These principles include - procedural integrity, principle of self-determination, impartiality of the Mediator, avoidance of appointing persons in a conflict of interest situation as Mediators, confidentiality of the mediation process, circumstances in which a Mediator may withdraw from the process and professional integrity of the Mediator. The Code seeks to ensure compliance with these key principles so as to inspire confidence in Mediation as an acceptable dispute resolution mechanism.
Code of Conduct
Applicability
The provisions of this Code of Conduct (the “Code”) and the Rules of the IADR Center shall be complied with by all Mediators appointed by the IADR Center to conduct Mediations that are administered by the IADR Center.
Procedural Integrity
A Mediator shall manage the Mediation process in such a manner as to uphold procedural integrity in compliance with the Rules of the IADR Center or such Rules as may be agreed upon by the parties to the dispute and the IADR Center.
A Mediator shall, at the outset discuss the ground rules applicable to the process, such as impartiality, confidentiality and openness and other rules, with the parties.
A Mediator shall at all times adopt techniques and skills that uphold the integrity and quality of the mediation process, and engage with the parties from the outset to secure compliance with a disciplined approach to their participation.
A Mediator shall ensure procedural fairness throughout the mediation process. This means that all parties shall be afforded equal opportunities to be involved in the process and that each party is afforded adequate time to be heard, and that parties engage in the process in a spirit of mutual respect for each other and for the Mediator.
Principle of Self Determination
A fundamental principle of Mediation is that the mediation process provides for parties to take non coerced decisions that are acceptable to them, voluntarily, and that accordingly the authority to take decisions regarding the terms and conditions of a settlement rests with the parties and not the Mediator. The Mediator shall at all times act as a facilitator of the process to empower the parties to reach a settlement to their complete satisfaction and shall not coerce the parties towards a settlement.
A Mediator shall, where appropriate, advise parties to obtain professional advice to assist in making informed decisions with regard to technical matters.
Impartiality
A Mediator shall at all times observe high standards of conduct that ensure the impartiality of the mediation process and shall not engage in conduct that implies or may be perceived as biased in favor of one party to the dispute.
A Mediator shall remain impartial throughout the mediation process and in the event of an inability for any reason whatsoever to be impartial, shall withdraw from the mediation.
The commitment of a Mediator is to the parties and to the process and a Mediator shall not compromise impartiality by permitting any attempt by third parties to exert influence or due to such influence.
Conflict of Interest
A Mediator will be in a conflict of interest situation if he/she has a direct or indirect financial or personal interest in the outcome of a dispute, or has previously had or likely to have within a period of 1 year from the conclusion of the mediation a financial, business, professional, family, or social relationship which by its very nature is likely to affect the ability of such Mediator to be impartial or to be perceived to be so.
A person who is in a conflict of interest situation shall not be eligible to be appointed or to continue as a Mediator other than as provided for in the Rules of the IADR Centre. Accordingly, prior to accepting an appointment as a Mediator in any dispute, a Mediator shall conduct reasonable inquiries to ascertain if any relationship or interest in the subject matter creates a real or perceived conflict of interest.
Prior to accepting an appointment as a Mediator of a dispute, a Mediator shall take and subscribe an oath stating that :
- he/she has no conflict of interest or that he/she has made full disclosure of any interest or relationship and has accepted the role of Mediator upon receiving the written approval of the parties;
- if he/she subsequently comes to be in a conflict of interest situation, full disclosure shall be made to the parties; and
- he/she does not have any undisclosed confidential information about the parties or the dispute under Mediation, derived from sources outside the Mediation process which could affect the requirement of impartiality; and
- he/shall not act in any capacity for any of the parties in relation to the dispute in any other forum or in a connected matter while the Mediation is ongoing; and
- he/she shall not act in any capacity for any of the parties in relation to the dispute or a connected matter for a period of one (01) year after the termination of the Mediation, unless with the written approval of the parties to that dispute.
The duty to declare actual or perceived conflict of interest situations shall be ongoing. In the event that a conflict of interest situation arises after appointment and during the course of a mediation, the Mediator shall disclose that fact and withdraw from the mediation unless the parties request that the Mediator continues until the conclusion of the process.
Confidentiality
The Mediator and all parties attending a mediation session shall maintain absolute confidentiality with regard to matters discussed, suggestions made, admissions made, documents submitted, information shared and generally all communications relevant to the mediation, unless with the written consent of the parties or if required by law.
A Mediator shall respect the principle of confidentiality at all times throughout the Mediation process and shall ensure that the parties honour that principle as well.
A Mediator shall not at any time disclose any information that has been communicated to the Mediator in confidence by a party to the dispute, to any other party, without the express written consent A Mediator shall not at any time disclose any information that has been communicated to the Mediator in confidence by a party to the dispute, to any other party, without the express written consent of the disclosing party..
Withdrawal From a Mediation
A Mediator :
- shall withdraw from a Mediation If requested by a party; and
- shall withdraw from a Mediation If requested by a party; and :
- using the process inappropriately; or
- delaying the process unjustifiably and to the detriment of the other party/parties; or
- not acting in good faith; or
- engaging in conduct which is in violation of the rules or amounts to indiscipline which seriously hampers a settlement; or
- engaging in conduct which is clearly indicative of a lack of commitment to a productive result
Professional Integrity
A Mediator shall not derive any personal profit from information acquired during the mediation process or exploit such information.
A Mediator shall not request or accept any direct or indirect remuneration or other benefit by way of gifts or favours from the parties. All payments to Mediators shall be made by the IADR Center in compliance with its Fee Schedule.
A Mediator shall not give to any person, an assurance or guarantee of a result from mediation.
A Mediator shall make every endeavour to enhance his/her professional skills through ongoing training in order to provide a service of excellence to disputants.
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- Submitting the Request for Mediation:
- As the first step, you need to submit a Request for mediation (RfM) to the Centre.
- The RfM must be in the format in Schedule A of the Rules. You can download the Form here.
- The RfM may be made by a single party to the dispute or a joint request signed by all the parties. Please select the Format that’s appropriate for you.
- If you use the Single Party Application, you need to decide whether
- you will obtain the agreement of the other party to the dispute, to mediate; or
- you wish to have the Centre reach out to the other party to obtain agreement to mediate.
- If the RfM is by one party, forward a copy to the other party/parties.
- You will be contacted by the Centre within three (03) days, to discuss follow up steps.
- Preliminary discussion :
- The Centre recommends that parties attend a preliminary discussion to be briefed about the process and what you can expect.
- This is considered of particular value to us in Sri Lanka, since the features of the mediation process are unique and are not as yet well known in Sri Lanka, and a preliminary discussion will be of value to all parties to obtain a complete understanding of the process and the applicable Rules.
- The Agreement to Mediate :
- If all parties agree to mediate, you will be required to enter into an Agreement to Mediate in which all applicable rules and obligations will be set out for compliance.
- The date of signing the Agreement marks the date of commencement of the Mediation.
- Appointment of Mediators and commencement of the mediation :
- The mediators will then be appointed with your concurrence, and the mediation will commence on dates that are agreed upon. From this point, it’s the mediator that will manage the mediation.
- The Secretariat of the Center will provide all logistical support.
- Fees :
- Parties will be advised of the fees payable.