Prime Dispute Mediation Rules 2017
Article:
Article 1. Remit of Application and Interpretation
Article 2. Agreement to Mediation
Article 3. No Agreement to Mediation
Article 4. Selecting the Mediator
Article 5. Corresponding with the Mediator
Article 6. Management of the Mediation
Article 7. Concluding the Mediation
Article 8. Settlement Agreement and Terms
Article 9. Arbitration or Med-Arb
Article 10. Confidentiality and Privacy
Article 11. Liability
Article 12. Schedule of Prime Dispute's Mediators Costs
Article 13. Appointing the President, Boards and Trustees
Article 14. Fellow Prime Dispute (FPD)
Article 15. Prime Dispute: Business Ethics and Conflict of Interest Policy.
Article 1. Remit of Application and Interpretation
1.1 The parties shall agree that the mediation will be conducted in accordance with the following “Rules”. The Rules include definitions and interpretations which all parties should familiarise themselves with before proceeding to complete the ‘Request for Mediation’ .
1.2 The parties should note it is important that they inform the Case Officer at Prime Dispute should they decide to include a reference to Prime Dispute or Prime Dispute rules (within the agreement, contract, legal documentation, etc to ensure if any changes or amendments are made to the Rules, the parties are informed as a priority.
1.3 No party or third person may appoint or administer any mediation(s) other than Prime Dispute under these Rules unless agreed in writing by Prime Dispute.
1.4 If any party is in doubt about any provision of the Mediation Rules, they should contact Prime Dispute or seek advice from our Fellow Prime Dispute (FPD) members.
1.5 In these Rules, the following terms shall have the meaning hereby assigned to them:
“Arbitration”
A third-party making process in which the Arbitrator renders a Final and Legally Binding Award.
“Mediation”
A joint decision-making process, facilitated by the Mediator with the aim of assisting the parties in reaching a Negotiated Settlement.
“Mediator(s)”
The person who has been nominated by Prime Dispute to facilitate a Mediation between the parties. A Mediator can refer to "One" or "More" if the parties require individuals with specific specialisms.
“Negotiated Settlement”
An agreement reached by the Parties in Mediation, which disposes of the dispute.
“Party(s) or Parties”
The Claimant and Respondent.
“Rules”
The Rules or such amended Rules as Prime Dispute may have adopted to take effect before the commencement of the Mediation.
“Schedule”
The the Schedule of Mediation fees in effect at the commencement of the Mediation, as amended from time to time by Prime Dispute.
“Prior Agreement”
An existing agreement to Mediation under the Rules.
"Claimant(s)"
An individual(s) who asks for something that they believe belongs to them or that they have a right to.
"Respondent(s)”
The individual(s) against whom the case is filed.
“Case Officer”
Senior Case Officers who will administer your Request for Mediation.
“Request for Mediation”
Completed Application form which includes; the nature of the dispute, the value of claim if relevant, and should include a copy of the Prior Agreement, the names, contact details of the parties to the Mediation, and of their legal representatives (if known) and the Mediator/s proposed (if any, with clear reasons) by the party or parties requesting the Mediation.
“GMT”
Greenwich Mean Time
“VAT”
Value Added Tax
“Selection Criteria”
Any specific criteria relating to the choice of Mediator such as; designation, experience, industry, language, knowledge or skills.
“Designations”
Prime Dispute Membership Designations; APD (Advocate Prime Dispute), MPD (Member Prime Dispute), FPD (Fellow Prime Dispute).
“FPD Digital Profiles”
Our Senior Members’ online profiles on primedispute.com which include experience, professional background and skills.
Article 2. Agreement to Mediation
2.1 Where there is a prior existing agreement to Mediation under the Rules, any party or parties wishing to commence a mediation shall complete the Request for Mediation and attach the Prior Agreement.
2.2 If the Request for Mediation is not made jointly by the Parties to the Prior Agreement, the party requesting mediation shall obtain evidence that the other parties are in agreement or shall consult an individual from our "FPD Digital Profiles" for advice.
2.3 Prime Dispute shall appoint a Mediator, once the fully completed Request for Mediation is received.
2.4 The nomination will be made within 2 days (including weekends - GMT), if all parties agree, or as soon as practicable but no later than 14 days
2.5 Prime Dispute will have due regard for any specific selection criteria agreed in writing by the parties, and subject always to 12.1 - 12.5 of the Rules .
Article 3. No Agreement to Mediation
3.1 Where there is no Prior Agreement , any party wishing to commence a mediation under the Rules shall complete the Request for Mediation which the Case Officer will acknowledge .
3.2 If the Request for Mediation is not made jointly by all the parties to the dispute;
(a) the party wishing to commence the mediation shall attach the appropriate correspondence relating to the agreement to proceed to mediation; and
(b) the responding party shall, within 5 days of receiving the Request for Mediation, advise the Case Officer in writing whether or not they agree to the mediation of the dispute.
3.3 If the other party either declines, or fails to agree to mediation within the 5 days referred to at 3.2 (b), the mediation under the Rules will expire and the Case Officer shall advise the parties in writing. The correspondence from the Case Officer indicating that the other party declined the invitation to mediation can be used by the party who initiated the mediation in Court or any such tribunal.
3.4 Prime Dispute will have due regard for any specific "Selection Criteria" agreed in writing by the parties.
Article 4. Selecting the Mediator
4.1 Before Prime Dispute commences the appointment pursuant to 2.5 and 3.4, the mediator will provide the Case Officer with a completed response regarding the individual(s); experience, knowledge, professional background and skills and shall agree that they have no conflict of interest and will abide by Prime Dispute’s ‘Conflict of Interests and Ethics Policy’ or similar.
4.2 A copy of the mediators CVs' will be available if requested by the parties.
4.3 If the mediator has made a disclosure, pursuant to 4.1, or, where a party shall object on the impartiality of the independence of the mediator (with clear reasons), Prime Dispute shall appoint another Mediator.
Article 5. Corresponding with the Mediator
5.1. Each party shall submit to the Mediator, no later than 7 days, the full details of the case.
5.2 The Mediator shall request the availability of the parties, before the date for the meeting is set, and should not discount the use of technology to facilitate the needs of the parties. The parties for the first scheduled mediation session, shall provide a brief written statement summarising its case; the background to the dispute; and the issues to be resolved.
5.3 The written statements by each party should include copies of any relevant supportive documents, including images.
5.4 The parties are able to submit a copy of the written statements and supporting documents to the other party(s).
Article 6. Management of the Mediation
6.1 The management of the mediation is at the discretion of the mediator. However, the mediator will have due respect to the parties wishes and the sensitivity of the case.
6.2 The mediator is able to communicate with the parties orally or in writing, jointly or individually.
6.3 The venue for the mediation will be selected by the mediator in consultation with the parties. The security and safety of the parties is essential in selecting the venue.
6.4 Private communication during the course of the mediation with the mediator may be communicated or repeated by the mediator to the other party or parties, without the full consent of the parties.
6.5 Each party shall inform the other party and the mediator of the details of the individuals who will attend the mediation.
6.6 Each party shall identify a representative of that party(s) who is authorised to settle the dispute on behalf of that party and shall ensure this authority is confirmed in writing to the mediator.
Article 7. Concluding the Mediation
7.1 The mediation will be concluded when, either;
(a) a settlement agreement is signed by the parties;
(b) a party(s) advises the mediator that a settlement cannot be reached and they wish to terminate the mediation;
(c) the mediator advises the party(s) that the mediation process will not resolve the issues in dispute and suggests the party(s) consider another dispute resolution mechanism(s) which are provided by Prime Dispute or consult one of our senior FPD members; or
(d) the time limits for mediation specified within the Prior Agreement have expired and the party(s) decide not to extend the time limits.
Article 8. Settlement Agreement and Terms
8.1 The parties are able to confirm terms if a settlement is agreed. With the assistance of the mediator, if requested by the party(s), the mediator shall draw up a settlement agreement which sets out each term and will be signed by each party.
8.2 The party(s) will be bound by the Settlement agreement once signed.
Article 9. Arbitration or Med-Arb
9.1 If all the parties are in agreement, the parties may initiate or continue any arbitration, Med-Arb or judicial proceeding regarding the dispute which is subject to the mediation.
Article 10. Confidentiality, Privacy and Communications
10.1 All mediation sessions shall be conducted only by the mediator, the parties and the individuals identified pursuant to 6.5.
10.2 The mediation session shall be private and confidential unless agreed by the parties, or required by law.
10.3 Neither the mediator nor the parties may disclose any information relating to the mediation or any settlement terms or the final outcome of the mediation.
10.4 Correspondence, documents or other information relating to the mediation will be privileged and will not be admissible in evidence or otherwise found in any litigation, arbitration except for correspondence, documents or other information which would in any event be admissible or found in any such litigation or arbitration.
10.5 No formal records or transcripts of the mediation shall be produced unless all parties agree in writing.
10.6 The parties shall not introduce or rely upon evidence which is part of any arbitral or judicial proceedings which includes any admission or views expressed by the parties or by the mediator identified pursuant to 6.5.
10.7 Prime Dispute may request the parties to provide any documentation in hard copy format if it considers it necessary to do so.
10.8 For the purpose of calculating a period of time under the Rules, and unless the parties otherwise agree in writing, such period shall begin to run on the day following the day when a notification or communication is received or deemed to have been received by a party or its nominated representative.
Article 11. Liability
11.1 Neither Prime Dispute (LTD); President; Vice President, Trustees, Directors, Case Officers, Employees, Consultants or the Mediator(s), shall be under any legal obligation to make any statements to any person about any matter concerning the mediation, nor shall any party seek to make any of these persons a witness in any legal or other proceedings arising out of the mediation or Request for Mediation.
Article 12. Prime Dispute & Mediators Costs
12.1 Administration Fees
Please refer to "Schedule of Fees for all Cases" or similar document.
12.2 Mediator’s Fees
Mediators' charge an hourly fee, which may vary according to the circumstances of the case, qualifications and Prime Dispute's membership & 'Designations'. The rates will be advised by the mediator or Prime Dispute, If requested, and agreed with the parties prior to the appointment of the mediator and will generally be at an hourly or fixed rate. If there is a set budget for the Mediation, Prime Dispute can discuss and, if appropriate, arrange this with the Mediator directly.
12.3 Expenses
Expenses incurred by the Mediator in connection with the mediation will be charged to the parties and shall be paid by the parties in equal share or in such other proportion as agreed in writing prior to the mediation.
12.4 Additional Expenses
Any other cost incurred by the parties, regarding legal fee’s experts’ fees or expenses, travel to the venue, or any other nature will not be part of the cost attributed to the Rules.
12.5 Jointly and severally liable
The parties shall be jointly and severally liable for the mediator's fees and expenses where the mediation is commenced pursuant to 2.1 and 3.1; Until all such sums have been paid in full and changes may be subject to VAT.
Article 13. Appointing the President, Boards and Trustees
13.1 The President, Boards and Trustees of Prime Dispute shall only be eligible to be appointed as a mediator if all parties agree in writing to nominate him or her as the; Mediator; providing the President, Boards and Trustees, have the requisite experience, knowledge and skills relating to such mediation.
Article 14. Fellow Prime Dispute Digital Profiles
14.1 Parties are able to directly contact, use, suggest or recommend “FPD Digital Profiles” to source a mediator or suggest a mediator to the other parties.
Article 15. Prime Dispute: Business Ethics and Conflict of Interest Policy
15.1 Any individual associated with Prime Dispute including its mediators shall comply with the "Business Ethics and Conflict of Interest Policy"; which sets out the policies and procedures for the fair and honest business practices that Prime Dispute expects.
NOTICE: These Rules are the copyrighted property of Prime Dispute. They cannot be copied, reprinted or used in any way without permission of Prime Dispute, unless they are being used by the parties to a mediation. If they are being used as the rules for a mediation, proper attribution must be given to Prime Dispute. If you wish to obtain permission to use our copyrighted materials, please email [email protected]
Article:
Article 1. Remit of Application and Interpretation
Article 2. Agreement to Mediation
Article 3. No Agreement to Mediation
Article 4. Selecting the Mediator
Article 5. Corresponding with the Mediator
Article 6. Management of the Mediation
Article 7. Concluding the Mediation
Article 8. Settlement Agreement and Terms
Article 9. Arbitration or Med-Arb
Article 10. Confidentiality and Privacy
Article 11. Liability
Article 12. Schedule of Prime Dispute's Mediators Costs
Article 13. Appointing the President, Boards and Trustees
Article 14. Fellow Prime Dispute (FPD)
Article 15. Prime Dispute: Business Ethics and Conflict of Interest Policy.
Article 1. Remit of Application and Interpretation
1.1 The parties shall agree that the mediation will be conducted in accordance with the following “Rules”. The Rules include definitions and interpretations which all parties should familiarise themselves with before proceeding to complete the ‘Request for Mediation’ .
1.2 The parties should note it is important that they inform the Case Officer at Prime Dispute should they decide to include a reference to Prime Dispute or Prime Dispute rules (within the agreement, contract, legal documentation, etc to ensure if any changes or amendments are made to the Rules, the parties are informed as a priority.
1.3 No party or third person may appoint or administer any mediation(s) other than Prime Dispute under these Rules unless agreed in writing by Prime Dispute.
1.4 If any party is in doubt about any provision of the Mediation Rules, they should contact Prime Dispute or seek advice from our Fellow Prime Dispute (FPD) members.
1.5 In these Rules, the following terms shall have the meaning hereby assigned to them:
“Arbitration”
A third-party making process in which the Arbitrator renders a Final and Legally Binding Award.
“Mediation”
A joint decision-making process, facilitated by the Mediator with the aim of assisting the parties in reaching a Negotiated Settlement.
“Mediator(s)”
The person who has been nominated by Prime Dispute to facilitate a Mediation between the parties. A Mediator can refer to "One" or "More" if the parties require individuals with specific specialisms.
“Negotiated Settlement”
An agreement reached by the Parties in Mediation, which disposes of the dispute.
“Party(s) or Parties”
The Claimant and Respondent.
“Rules”
The Rules or such amended Rules as Prime Dispute may have adopted to take effect before the commencement of the Mediation.
“Schedule”
The the Schedule of Mediation fees in effect at the commencement of the Mediation, as amended from time to time by Prime Dispute.
“Prior Agreement”
An existing agreement to Mediation under the Rules.
"Claimant(s)"
An individual(s) who asks for something that they believe belongs to them or that they have a right to.
"Respondent(s)”
The individual(s) against whom the case is filed.
“Case Officer”
Senior Case Officers who will administer your Request for Mediation.
“Request for Mediation”
Completed Application form which includes; the nature of the dispute, the value of claim if relevant, and should include a copy of the Prior Agreement, the names, contact details of the parties to the Mediation, and of their legal representatives (if known) and the Mediator/s proposed (if any, with clear reasons) by the party or parties requesting the Mediation.
“GMT”
Greenwich Mean Time
“VAT”
Value Added Tax
“Selection Criteria”
Any specific criteria relating to the choice of Mediator such as; designation, experience, industry, language, knowledge or skills.
“Designations”
Prime Dispute Membership Designations; APD (Advocate Prime Dispute), MPD (Member Prime Dispute), FPD (Fellow Prime Dispute).
“FPD Digital Profiles”
Our Senior Members’ online profiles on primedispute.com which include experience, professional background and skills.
Article 2. Agreement to Mediation
2.1 Where there is a prior existing agreement to Mediation under the Rules, any party or parties wishing to commence a mediation shall complete the Request for Mediation and attach the Prior Agreement.
2.2 If the Request for Mediation is not made jointly by the Parties to the Prior Agreement, the party requesting mediation shall obtain evidence that the other parties are in agreement or shall consult an individual from our "FPD Digital Profiles" for advice.
2.3 Prime Dispute shall appoint a Mediator, once the fully completed Request for Mediation is received.
2.4 The nomination will be made within 2 days (including weekends - GMT), if all parties agree, or as soon as practicable but no later than 14 days
2.5 Prime Dispute will have due regard for any specific selection criteria agreed in writing by the parties, and subject always to 12.1 - 12.5 of the Rules .
Article 3. No Agreement to Mediation
3.1 Where there is no Prior Agreement , any party wishing to commence a mediation under the Rules shall complete the Request for Mediation which the Case Officer will acknowledge .
3.2 If the Request for Mediation is not made jointly by all the parties to the dispute;
(a) the party wishing to commence the mediation shall attach the appropriate correspondence relating to the agreement to proceed to mediation; and
(b) the responding party shall, within 5 days of receiving the Request for Mediation, advise the Case Officer in writing whether or not they agree to the mediation of the dispute.
3.3 If the other party either declines, or fails to agree to mediation within the 5 days referred to at 3.2 (b), the mediation under the Rules will expire and the Case Officer shall advise the parties in writing. The correspondence from the Case Officer indicating that the other party declined the invitation to mediation can be used by the party who initiated the mediation in Court or any such tribunal.
3.4 Prime Dispute will have due regard for any specific "Selection Criteria" agreed in writing by the parties.
Article 4. Selecting the Mediator
4.1 Before Prime Dispute commences the appointment pursuant to 2.5 and 3.4, the mediator will provide the Case Officer with a completed response regarding the individual(s); experience, knowledge, professional background and skills and shall agree that they have no conflict of interest and will abide by Prime Dispute’s ‘Conflict of Interests and Ethics Policy’ or similar.
4.2 A copy of the mediators CVs' will be available if requested by the parties.
4.3 If the mediator has made a disclosure, pursuant to 4.1, or, where a party shall object on the impartiality of the independence of the mediator (with clear reasons), Prime Dispute shall appoint another Mediator.
Article 5. Corresponding with the Mediator
5.1. Each party shall submit to the Mediator, no later than 7 days, the full details of the case.
5.2 The Mediator shall request the availability of the parties, before the date for the meeting is set, and should not discount the use of technology to facilitate the needs of the parties. The parties for the first scheduled mediation session, shall provide a brief written statement summarising its case; the background to the dispute; and the issues to be resolved.
5.3 The written statements by each party should include copies of any relevant supportive documents, including images.
5.4 The parties are able to submit a copy of the written statements and supporting documents to the other party(s).
Article 6. Management of the Mediation
6.1 The management of the mediation is at the discretion of the mediator. However, the mediator will have due respect to the parties wishes and the sensitivity of the case.
6.2 The mediator is able to communicate with the parties orally or in writing, jointly or individually.
6.3 The venue for the mediation will be selected by the mediator in consultation with the parties. The security and safety of the parties is essential in selecting the venue.
6.4 Private communication during the course of the mediation with the mediator may be communicated or repeated by the mediator to the other party or parties, without the full consent of the parties.
6.5 Each party shall inform the other party and the mediator of the details of the individuals who will attend the mediation.
6.6 Each party shall identify a representative of that party(s) who is authorised to settle the dispute on behalf of that party and shall ensure this authority is confirmed in writing to the mediator.
Article 7. Concluding the Mediation
7.1 The mediation will be concluded when, either;
(a) a settlement agreement is signed by the parties;
(b) a party(s) advises the mediator that a settlement cannot be reached and they wish to terminate the mediation;
(c) the mediator advises the party(s) that the mediation process will not resolve the issues in dispute and suggests the party(s) consider another dispute resolution mechanism(s) which are provided by Prime Dispute or consult one of our senior FPD members; or
(d) the time limits for mediation specified within the Prior Agreement have expired and the party(s) decide not to extend the time limits.
Article 8. Settlement Agreement and Terms
8.1 The parties are able to confirm terms if a settlement is agreed. With the assistance of the mediator, if requested by the party(s), the mediator shall draw up a settlement agreement which sets out each term and will be signed by each party.
8.2 The party(s) will be bound by the Settlement agreement once signed.
Article 9. Arbitration or Med-Arb
9.1 If all the parties are in agreement, the parties may initiate or continue any arbitration, Med-Arb or judicial proceeding regarding the dispute which is subject to the mediation.
Article 10. Confidentiality, Privacy and Communications
10.1 All mediation sessions shall be conducted only by the mediator, the parties and the individuals identified pursuant to 6.5.
10.2 The mediation session shall be private and confidential unless agreed by the parties, or required by law.
10.3 Neither the mediator nor the parties may disclose any information relating to the mediation or any settlement terms or the final outcome of the mediation.
10.4 Correspondence, documents or other information relating to the mediation will be privileged and will not be admissible in evidence or otherwise found in any litigation, arbitration except for correspondence, documents or other information which would in any event be admissible or found in any such litigation or arbitration.
10.5 No formal records or transcripts of the mediation shall be produced unless all parties agree in writing.
10.6 The parties shall not introduce or rely upon evidence which is part of any arbitral or judicial proceedings which includes any admission or views expressed by the parties or by the mediator identified pursuant to 6.5.
10.7 Prime Dispute may request the parties to provide any documentation in hard copy format if it considers it necessary to do so.
10.8 For the purpose of calculating a period of time under the Rules, and unless the parties otherwise agree in writing, such period shall begin to run on the day following the day when a notification or communication is received or deemed to have been received by a party or its nominated representative.
Article 11. Liability
11.1 Neither Prime Dispute (LTD); President; Vice President, Trustees, Directors, Case Officers, Employees, Consultants or the Mediator(s), shall be under any legal obligation to make any statements to any person about any matter concerning the mediation, nor shall any party seek to make any of these persons a witness in any legal or other proceedings arising out of the mediation or Request for Mediation.
Article 12. Prime Dispute & Mediators Costs
12.1 Administration Fees
Please refer to "Schedule of Fees for all Cases" or similar document.
12.2 Mediator’s Fees
Mediators' charge an hourly fee, which may vary according to the circumstances of the case, qualifications and Prime Dispute's membership & 'Designations'. The rates will be advised by the mediator or Prime Dispute, If requested, and agreed with the parties prior to the appointment of the mediator and will generally be at an hourly or fixed rate. If there is a set budget for the Mediation, Prime Dispute can discuss and, if appropriate, arrange this with the Mediator directly.
12.3 Expenses
Expenses incurred by the Mediator in connection with the mediation will be charged to the parties and shall be paid by the parties in equal share or in such other proportion as agreed in writing prior to the mediation.
12.4 Additional Expenses
Any other cost incurred by the parties, regarding legal fee’s experts’ fees or expenses, travel to the venue, or any other nature will not be part of the cost attributed to the Rules.
12.5 Jointly and severally liable
The parties shall be jointly and severally liable for the mediator's fees and expenses where the mediation is commenced pursuant to 2.1 and 3.1; Until all such sums have been paid in full and changes may be subject to VAT.
Article 13. Appointing the President, Boards and Trustees
13.1 The President, Boards and Trustees of Prime Dispute shall only be eligible to be appointed as a mediator if all parties agree in writing to nominate him or her as the; Mediator; providing the President, Boards and Trustees, have the requisite experience, knowledge and skills relating to such mediation.
Article 14. Fellow Prime Dispute Digital Profiles
14.1 Parties are able to directly contact, use, suggest or recommend “FPD Digital Profiles” to source a mediator or suggest a mediator to the other parties.
Article 15. Prime Dispute: Business Ethics and Conflict of Interest Policy
15.1 Any individual associated with Prime Dispute including its mediators shall comply with the "Business Ethics and Conflict of Interest Policy"; which sets out the policies and procedures for the fair and honest business practices that Prime Dispute expects.
NOTICE: These Rules are the copyrighted property of Prime Dispute. They cannot be copied, reprinted or used in any way without permission of Prime Dispute, unless they are being used by the parties to a mediation. If they are being used as the rules for a mediation, proper attribution must be given to Prime Dispute. If you wish to obtain permission to use our copyrighted materials, please email [email protected]
