11 Dec 2017
Mediation
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Mediation Agreement
Appointment of Mediator
Mediation Negotiation
Mediation Results
Enforceability of Settlement Agreement
Mediation Fees
Process

 

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Introduction

Definition of Mediation:
BAPMI's Mediation is a way of solving problems through negotiations between the disputing parties with the help of an impartial and independent third party - called Mediator. The Mediator does not make a decision on the matter; he just facilitates a meeting to help each party understands perspectives, positions and interests of the other party with respect to the problems faced and jointly seek a solution for settlement. The purpose of Mediation is the achievement of settlement between the disputing parties.

When to use Mediation:
Mediation can be used at any time at any stage of dispute settlement, which is at the time:

  1. after failure in deliberation;
  2. when the Sole Arbitrator/ Arbitral Tribunal offers a settlement effort in the first trial;
  3. before the Court Judge starts hearing the case (according to Supreme Court Regulation Number 1/2008);
  4. during Arbitration/ proceeding process to the extent of no award passed.

Reasons for choosing BAPMI's Mediation:
There are several reasons why the parties choose BAPMI's Mediation to resolve problems they face:

  1. the parties believe they will be able to resolve the problems they face based on their mutual win-win agreement;
  2. the parties want to maintain their present or future relationships;
  3. the parties seek for a solution with an interest-based procedure/ approach rather than a right-based procedure/ approach;
  4. the parties want to get a guarantee that the person who will facilitate the negotiation (Mediator) really understands the Capital Market sector and is an expert in Mediation;
  5. the parties want to resolve the problem in an easier, faster and more efficient way;
  6. the parties want to resolve the problem through a forum that is closed to the public;
  7. the Parties wish to avoid dispute settlement through litigation.
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