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17 Jan 2021 |
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Mediation |
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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:
Both factors are important since duties of a Mediator are:
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: 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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