11 Dec 2017
Mediation
ABOUT BAPMI | BINDING OPINION | MEDIATION | ADJUDICATION | ARBITRATION | MEDIATOR/ADJUDICATOR/ARBITRATOR | RULES | EVENTS
Introduction
Registration
Mediation Agreement
Appointment of Mediator
Mediation Negotiation
Mediation Results
Enforceability of Settlement Agreement
Mediation Fees
Process

 

FAQ
News
Articles
References
Glosarium
Cost Simulation

 

Appointment of Mediator

Mediator is an individual who, because of his/her competency and integrity, is chosen by the parties to assist in the negotiation for problem settlement through Mediation process. There are two important questions when choosing a Mediator:

  1. is the Mediator candidate independent?
  2. What are professional qualifications/ experiences/ expertise/ skills of the Mediator candidate required?

Both factors are important since duties of a Mediator are:

  1. to facilitate communication between the parties involved in the problem;
  2. to assist the parties in formulating Mediation procedures, schedule and hearing target;
  3. to facilitate hearing between the parties;
  4. to help either party understand perspectives, positions and interests of the other party in connection with the problem;
  5. to ensure that all parties have the same opportunity to be heard for their accounts for their equal standing;
  6. The Mediator does not take any binding decision, but he/she assists the parties in inventory and development of options for settlement and choosing the best option.

Appointment of Mediator must be under a mutual agreement of the parties, failing which, a Mediator will be appointed by BAPMI. Especially for retail and small claims, the Mediator is appointed by BAPMI's Management. However, the parties remain entitled to file a complaint if the appointed Mediator is considered to have a conflict of interest. In BAPMI's Mediation process, it is possible that the Management appoints a co-Mediator.

Mediator Requirements:
Basically, people who could be appointed by the parties to be Mediators of BAPMI's Mediation are those listed in the List of BAPMI's Mediators. When the parties intend to appoint a person beyond the list, he/she must meet certain requirements and an approval from BAPMI's Management must be obtained. In carrying out his/her duties, a Mediator must uphold the code of conduct, be fair, neutral and independent, free from any influence and pressure of any party, and free from conflict of interest, either with either party or with the relevant case. When these things are violated, the Mediator shall cease or be dismissed from his job.

In the event that the Mediation has failed and the parties refer it to the Arbitration process, relevant Mediator is prohibited from being an Arbitrator or a witness in the Arbitration of said dispute. However, when the Mediation is taken within the framework of the Arbitration process, one Arbitrator of the Arbitral Tribunal may be appointed by the parties to be a Mediator of the case.

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