Prime Dispute Mediation Rules 2024
(These Rules supersede 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. Appointment of Mediator
Article 5. Conduct of Mediation
Article 6. Concluding the Mediation
Article 7. Confidentiality, Privacy and Communications
Article 8. Settlement Agreement
Article 9. Prime Dispute & Mediator(s) costs
Article 10. Settlement Agreements Retention
Article 11. Exclusion of liability
Article 12. Appointing the President, Branch Chairs, Boards and Trustees
Article 13. Fellow Prime Dispute Digital Profiles
Article 14. 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 FPD (Fellow Prime Dispute) 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 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”
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/BST ”
Greenwich Mean Time/British Summer 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 (Associate 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 a Prime Dispute Fellow for advice.
2.3 Prime Dispute shall appoint a Mediator, once the fully completed Request for Mediation is received.
2.4 The appointment will be made within 7 days (including weekends - GMT/BST), 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 9.1 - 9.5 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.
Article 4. Appointment of Mediator
4.1 A copy of the mediator(s) digital CVs will be available if requested by the parties.
4.2 All Mediators shall only be appointed by Prime Dispute.
4.3 The Parties may agree to jointly nominate a Mediator or if agreed co-mediators within:
(a) any specified time limit in the agreement to mediate; or
(b) any other time limit agreed by the Parties; or
(c) any time limit as may be granted by the Courts.
4.4 In the absence of such joint nomination by the Parties within the applicable time limit set-out in Article 4.3, Prime Dispute shall nominate and appoint the Mediator.
4.5 In appointing the Mediator(s), Prime Dispute shall consider what the parties have agreed upon and give due consideration; to the nature of the dispute, the location, qualifications and experience of the Mediator and language of the Parties and any other appropriate requests. The Mediator(s) will also agree to abide by Prime Dispute’s ‘Conflict of Interests and Ethics Policy’ or similar.
4.6 Unless agreed otherwise by the Parties, Prime Dispute shall appoint a single Mediator. Prime Dispute may at its discretion and in appropriate circumstances propose to the Parties that they consider the appointment of co Mediator(s), but the final determination in that respect will be for the Parties to agree.
4.7 Before Prime Dispute commences the appointment, a prospective Mediator shall: (a) sign a declaration containing a statement of acceptance, impartiality, independence, availability; (b) provide Prime Dispute with an up to-date curriculum vitae, if the parties require; and (c) disclose any known, actual, or potential conflicts of interest which could raise questions of their impartiality or independence.
4.8 Any Mediator conducting a mediation under the Rules shall be and shall remain impartial and independent of the Parties involved in the mediation and have an ongoing duty to disclose to Prime Dispute and to the Parties any real or potential conflict of interest or other relevant matter or circumstances that might call into question or create reasonable doubts as to the Mediator’s impartiality, independence and/or availability.
4.9 Either Party may object to the Mediator appointed by Prime Dispute within 5 days of the notification of such appointment, or knowledge of circumstances giving rise to the objection, setting out in detail their reasons for the objection. Prime Dispute shall consider the objection and, if upheld, shall appoint a replacement Mediator. If a challenge has not been raised within the specified time limit, the Parties shall be deemed to have expressly agreed to the appointment of the Mediator.
4.10 Prime Dispute shall transmit a copy of the file to the Mediator as soon as reasonably practicable following the expiration of the time limit provided in Article 4.9, provided no challenge has been submitted.
4.11 A Mediator may resign for any reason by notifying Prime Dispute and the Parties in writing.
4.12 A Mediator shall resign: (a) on the joint written request to the Mediator and Prime Dispute by all of the Parties; or (b) if the Mediator becomes incapacitated and can no longer perform the duties required pursuant to the Rules.
4.13 Upon the resignation of a Mediator, Prime Dispute shall appoint a new Mediator within 7 days of such resignation pursuant to the provisions set out in Article 4.5.
Article 5. Conduct of Mediation
5.1 The Mediator shall, as soon as reasonably practicable, but in any event no later than 7 working days after being appointed by Prime Dispute, contact the Parties with a view to agreeing the date for a preliminary meeting, and if deemed appropriate by the Mediator, sending out to the Parties a draft Mediation Agreement for review. The preliminary meeting can be held in person but should not discount the use of technology to facilitate the needs of the parties. The purpose of the preliminary meeting shall include the Parties and Mediator(s) agreeing:
(a) the mediation agreement and execution thereof;
(c) the place, time and venue for any meetings and whether physical or virtual (the security and safety of the parties is essential in selecting the venue);
(d) the confidential treatment of information/documentation exchanged or developed in the mediation;
(f) the participation of other individuals in the mediation;
(g) the preparation and timing of mediation statements summarising the points and position regarding the issues in dispute;
(i) the formalities needed to ratify a settlement agreement and the degree if any, to which disclosure thereof is permitted and including the legal or other reasonable requirement for the Mediator to sign the settlement agreement; and
(j) any other relevant procedural or administrative matter.
5.2 If the parties and the Mediator are unable to reach mutual agreement on any preliminary procedural matter related to the mediation, the Mediator shall, in their discretion, determine the procedural matter and advise the Parties accordingly.
5.3 Subject to Article 5.1, the Mediator shall have the absolute discretion to determine the procedure of the mediation, giving each Party a reasonable opportunity to present their respective positions and having due regard to the relevant circumstances.
5.4 The Parties may be represented or assisted by person(s) of their choice, irrespective of their nationality or professional qualifications. However, it is suggested the parties should seek to have a Prime Dispute member representing or assisting them.
5.5 The Mediator may, at their discretion, meet or communicate with the Parties jointly or separately, having considered the impact on the progress of the mediation, keeping the Parties informed of the procedural steps being taken in the mediation.
5.6 In the event that the Parties settle their dispute, the Mediator may, to the extent they feel competent to do so, facilitate the preparation of a Settlement Agreement. A copy of the Settlement Agreement, executed by the Parties, shall be provided to the Mediator and sent to Prime Dispute for their records.
5.7 If the Parties have agreed that the mediation be conducted on an expedited basis, the Mediator shall conclude the mediation proceedings within the period agreed at the preliminary meeting. Thereafter, the Mediator will review the progress made with the Parties and the mediation shall continue until the conclusion of the mediation pursuant to Article 6.
5.8 In all matters not expressly provided for in the Rules, Prime Dispute and the Mediator shall act in the spirit of the Rules.
5.9 Each Party shall act in good faith throughout the mediation.
Article 6. Concluding the Mediation
6.1 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 7. Confidentiality, Privacy and Communications
7.1 All mediation sessions shall be conducted only by the mediator, the parties and the individuals identified pursuant to Article 4.6.
7.2 The mediation session shall be private and confidential unless agreed by the parties, or required by law.
7.3 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.
7.4 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.
7.5 No formal records or transcripts of the mediation shall be produced unless all parties agree in writing.
7.6 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 Article 4.6.
7.7 Prime Dispute may request the parties to provide any documentation in hard copy format if it considers it necessary to do so.
7.8 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 8. Settlement Agreement
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 parties will be bound by the Settlement agreement once signed.
Article 9. Prime Dispute & Mediator(s) costs
9.1 Administration Fees
Please refer to "Schedule of Fees for all Cases" or similar document.
9.2 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(s) directly.
9.3 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.
9.4 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.
9.5 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 10. Settlement Agreements Retention
10.1 Prime Dispute shall maintain an archive of any Settlement Agreements for a maximum of 5 years from the date such Settlement Agreement is deposited. Thereafter, such documents may be destroyed in a confidential manner without notice to any Party or Mediator(s).
Article 11. Exclusion of liability
11.1 Neither Prime Dispute (LTD); President; Vice President, Trustees, Branch Chairs, 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. Appointing the President, Branch Chairs, Boards and Trustees
12.1 The President, Branch Chairs, Boards and Trustees of Prime Dispute shall only be eligible to be appointed as a mediator(s) if all parties agree in writing to nominate him or her as the Mediator(s); providing the President, Branch Chair, Boards and Trustees, have the requisite experience, knowledge and skills relating to such mediation.
Article 13. Fellow Prime Dispute Digital Profiles
13.1 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 14. Business Ethics and Conflict of Interest Policy
14.1 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]
(These Rules supersede 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. Appointment of Mediator
Article 5. Conduct of Mediation
Article 6. Concluding the Mediation
Article 7. Confidentiality, Privacy and Communications
Article 8. Settlement Agreement
Article 9. Prime Dispute & Mediator(s) costs
Article 10. Settlement Agreements Retention
Article 11. Exclusion of liability
Article 12. Appointing the President, Branch Chairs, Boards and Trustees
Article 13. Fellow Prime Dispute Digital Profiles
Article 14. 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 FPD (Fellow Prime Dispute) 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 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”
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/BST ”
Greenwich Mean Time/British Summer 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 (Associate 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 a Prime Dispute Fellow for advice.
2.3 Prime Dispute shall appoint a Mediator, once the fully completed Request for Mediation is received.
2.4 The appointment will be made within 7 days (including weekends - GMT/BST), 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 9.1 - 9.5 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.
Article 4. Appointment of Mediator
4.1 A copy of the mediator(s) digital CVs will be available if requested by the parties.
4.2 All Mediators shall only be appointed by Prime Dispute.
4.3 The Parties may agree to jointly nominate a Mediator or if agreed co-mediators within:
(a) any specified time limit in the agreement to mediate; or
(b) any other time limit agreed by the Parties; or
(c) any time limit as may be granted by the Courts.
4.4 In the absence of such joint nomination by the Parties within the applicable time limit set-out in Article 4.3, Prime Dispute shall nominate and appoint the Mediator.
4.5 In appointing the Mediator(s), Prime Dispute shall consider what the parties have agreed upon and give due consideration; to the nature of the dispute, the location, qualifications and experience of the Mediator and language of the Parties and any other appropriate requests. The Mediator(s) will also agree to abide by Prime Dispute’s ‘Conflict of Interests and Ethics Policy’ or similar.
4.6 Unless agreed otherwise by the Parties, Prime Dispute shall appoint a single Mediator. Prime Dispute may at its discretion and in appropriate circumstances propose to the Parties that they consider the appointment of co Mediator(s), but the final determination in that respect will be for the Parties to agree.
4.7 Before Prime Dispute commences the appointment, a prospective Mediator shall: (a) sign a declaration containing a statement of acceptance, impartiality, independence, availability; (b) provide Prime Dispute with an up to-date curriculum vitae, if the parties require; and (c) disclose any known, actual, or potential conflicts of interest which could raise questions of their impartiality or independence.
4.8 Any Mediator conducting a mediation under the Rules shall be and shall remain impartial and independent of the Parties involved in the mediation and have an ongoing duty to disclose to Prime Dispute and to the Parties any real or potential conflict of interest or other relevant matter or circumstances that might call into question or create reasonable doubts as to the Mediator’s impartiality, independence and/or availability.
4.9 Either Party may object to the Mediator appointed by Prime Dispute within 5 days of the notification of such appointment, or knowledge of circumstances giving rise to the objection, setting out in detail their reasons for the objection. Prime Dispute shall consider the objection and, if upheld, shall appoint a replacement Mediator. If a challenge has not been raised within the specified time limit, the Parties shall be deemed to have expressly agreed to the appointment of the Mediator.
4.10 Prime Dispute shall transmit a copy of the file to the Mediator as soon as reasonably practicable following the expiration of the time limit provided in Article 4.9, provided no challenge has been submitted.
4.11 A Mediator may resign for any reason by notifying Prime Dispute and the Parties in writing.
4.12 A Mediator shall resign: (a) on the joint written request to the Mediator and Prime Dispute by all of the Parties; or (b) if the Mediator becomes incapacitated and can no longer perform the duties required pursuant to the Rules.
4.13 Upon the resignation of a Mediator, Prime Dispute shall appoint a new Mediator within 7 days of such resignation pursuant to the provisions set out in Article 4.5.
Article 5. Conduct of Mediation
5.1 The Mediator shall, as soon as reasonably practicable, but in any event no later than 7 working days after being appointed by Prime Dispute, contact the Parties with a view to agreeing the date for a preliminary meeting, and if deemed appropriate by the Mediator, sending out to the Parties a draft Mediation Agreement for review. The preliminary meeting can be held in person but should not discount the use of technology to facilitate the needs of the parties. The purpose of the preliminary meeting shall include the Parties and Mediator(s) agreeing:
(a) the mediation agreement and execution thereof;
(c) the place, time and venue for any meetings and whether physical or virtual (the security and safety of the parties is essential in selecting the venue);
(d) the confidential treatment of information/documentation exchanged or developed in the mediation;
(f) the participation of other individuals in the mediation;
(g) the preparation and timing of mediation statements summarising the points and position regarding the issues in dispute;
(i) the formalities needed to ratify a settlement agreement and the degree if any, to which disclosure thereof is permitted and including the legal or other reasonable requirement for the Mediator to sign the settlement agreement; and
(j) any other relevant procedural or administrative matter.
5.2 If the parties and the Mediator are unable to reach mutual agreement on any preliminary procedural matter related to the mediation, the Mediator shall, in their discretion, determine the procedural matter and advise the Parties accordingly.
5.3 Subject to Article 5.1, the Mediator shall have the absolute discretion to determine the procedure of the mediation, giving each Party a reasonable opportunity to present their respective positions and having due regard to the relevant circumstances.
5.4 The Parties may be represented or assisted by person(s) of their choice, irrespective of their nationality or professional qualifications. However, it is suggested the parties should seek to have a Prime Dispute member representing or assisting them.
5.5 The Mediator may, at their discretion, meet or communicate with the Parties jointly or separately, having considered the impact on the progress of the mediation, keeping the Parties informed of the procedural steps being taken in the mediation.
5.6 In the event that the Parties settle their dispute, the Mediator may, to the extent they feel competent to do so, facilitate the preparation of a Settlement Agreement. A copy of the Settlement Agreement, executed by the Parties, shall be provided to the Mediator and sent to Prime Dispute for their records.
5.7 If the Parties have agreed that the mediation be conducted on an expedited basis, the Mediator shall conclude the mediation proceedings within the period agreed at the preliminary meeting. Thereafter, the Mediator will review the progress made with the Parties and the mediation shall continue until the conclusion of the mediation pursuant to Article 6.
5.8 In all matters not expressly provided for in the Rules, Prime Dispute and the Mediator shall act in the spirit of the Rules.
5.9 Each Party shall act in good faith throughout the mediation.
Article 6. Concluding the Mediation
6.1 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 7. Confidentiality, Privacy and Communications
7.1 All mediation sessions shall be conducted only by the mediator, the parties and the individuals identified pursuant to Article 4.6.
7.2 The mediation session shall be private and confidential unless agreed by the parties, or required by law.
7.3 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.
7.4 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.
7.5 No formal records or transcripts of the mediation shall be produced unless all parties agree in writing.
7.6 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 Article 4.6.
7.7 Prime Dispute may request the parties to provide any documentation in hard copy format if it considers it necessary to do so.
7.8 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 8. Settlement Agreement
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 parties will be bound by the Settlement agreement once signed.
Article 9. Prime Dispute & Mediator(s) costs
9.1 Administration Fees
Please refer to "Schedule of Fees for all Cases" or similar document.
9.2 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(s) directly.
9.3 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.
9.4 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.
9.5 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 10. Settlement Agreements Retention
10.1 Prime Dispute shall maintain an archive of any Settlement Agreements for a maximum of 5 years from the date such Settlement Agreement is deposited. Thereafter, such documents may be destroyed in a confidential manner without notice to any Party or Mediator(s).
Article 11. Exclusion of liability
11.1 Neither Prime Dispute (LTD); President; Vice President, Trustees, Branch Chairs, 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. Appointing the President, Branch Chairs, Boards and Trustees
12.1 The President, Branch Chairs, Boards and Trustees of Prime Dispute shall only be eligible to be appointed as a mediator(s) if all parties agree in writing to nominate him or her as the Mediator(s); providing the President, Branch Chair, Boards and Trustees, have the requisite experience, knowledge and skills relating to such mediation.
Article 13. Fellow Prime Dispute Digital Profiles
13.1 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 14. Business Ethics and Conflict of Interest Policy
14.1 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]
