17 Aug 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

 

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Mediation Negotiation

Once the petition for Mediation is received by BAPMI, the first to be conducted by the Mediator is to set a hearing agenda to be discussed together with the parties. The Mediation process will last for 30 days in a negotiation meeting that is closed to the public. The negotiation meeting is held at a place specified by BAPMI or other places as agreed upon by the parties. In the Mediation, it is possible to hold a caucus (a meeting between the Mediator and either party, with the consent of the other).

Broadly speaking, stages in the Mediation process are as follows:

  1. appointment of Mediator;
  2. preliminary meeting to agree on the meeting agenda/ schedule and target of each meeting;
  3. negotiation in order to gather information and identify problems;
  4. negotiation in order to explore perspectives, positions and interests of the parties;
  5. negotiation in order to inventory and develop options for settlement;
  6. negotiation in order to evaluate options for settlement;
  7. negotiation in order to make conclusions;
  8. final negotiation in order to enter into a Settlement Agreement.
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