THE MEDIATION PROCEDURE
A. The Mediation Process
1. This Mediation Procedure shall govern all mediation sessions and processes conducted by International Institute of Mediators (Singapore) Ltd [ iiM ].
2. Where parties have agreed to mediation by iiM, they are deemed to have agreed to accept and comply with this procedure.
3. To commence the mediation process with iiM, parties must submit the completed Request for mediation form found in Annex A to iiM and make the payment for the filing fee and mediator's fee.
4. Where only one party to a dispute requests for mediation, iiM shall facilitate the mediation process by approaching all other party / parties within 14 days from the date of receipt of request, to determine whether they agree to mediation. iiM shall inform all parties whether mediation can proceed within 28 days from date of receipt of request.
B. Mediation Agreement
1. Before mediation is carried out, the parties shall execute an agreement (the Mediation Agreement) found in Annex B or such other form as iiM shall prescribe from time to time.
2. The mediation process will be conducted in confidence and all communications will be on a ‘ without prejudice’ basis.
1. The mediation process will involve the parties personally and advisors (including legal representative and/or Experts)if any, and the mediator(s).
2. Individual party to the mediation should attend the mediation in person. In the case of corporate entities, the parties shall appoint a representative, who must have full and unfettered authority to act on its behalf and to settle the dispute. The representative should also have knowledge of the matter.
3. The parties are to submit to iiM, at least 7 days before the date of mediation or such other time as iiM may specify, the names of their representative and adviser(s) attending the mediation.
D. The Mediator(s)
1. When parties submit the Mediation Agreements, iiM will appoint a person or several persons to be the Mediator(s).
2. In its selection of the Mediator(s), iiM will choose a person who, in its view, will have the skills, knowledge and experience of a mediator to conduct the mediation.
3. iiM’s decision of the choice of Mediator(s) is final except where the appointed mediator(s) may have or perceived to have a conflict of interest or a personal interest in the case, or where any circumstances exist that may prevent them from carrying out their function as mediators fairly and impartially, whereupon iiM will appoint another mediator.
4. The Mediator(s) shall not act for any of the parties at any time with regard to the subject matter of the mediation. The Mediator(s) is not an agent of iiM.
E. The Mediation Session
1. After all parties have submitted the Mediation Agreements they shall provide the required copies to iiM and its Mediators and to other party with a Concise Summary of its Case, with copies of documents the party intends to refer to or relying on at the mediation, 7 days before the mediation session.
2. If possible, parties are to work out and submit,3 days before the mediation session:-
(a) a set of agreed documents,
(b) an agreed limit of the number of documents and the total number of pages, and/or
(c) from each of the parties, a set of the core documents to be referred to at the mediation.
3. Once the Mediator(s) has been selected, iiM shall liaise with all parties to confirm the date, time and place of the mediation session. All parties shall attempt in good faith to agree on a timely appointment for the mediation session.
4. The Mediator(s): -
(a) will function as a independent and neutral facilitator to assist parties in their negotiation and provide direction to work towards finding a mutually acceptable settlement.
(b) will not render any opinion, judgment, finding or ruling.
(c) will render an evaluation of the circumstances of the case if all parties agree to it. The evaluation shall be non-binding and it shall not be used in any proceeding of whatever nature.
(d) will be allowed to ask questions and seek clarification from each of the parties and/or any person the Mediator(s) deems relevant to the subject matter of the mediation.
5. The mediation session shall be conducted in confidence and no record of whatever nature, including written, audio or visual recording, will be made.
6. All communications made at the mediation, including information disclosed and views expressed or exchanged, are made on a strictly without prejudice basis and shall not be used in any proceedings.
7. Generally, the Mediator(s) will start with a joint meetings with the parties and thereafter, if deemed suitable, will hold separate meetings with each of the parties during the mediation session. However, the Mediator(s) may conduct separate meeting at the start of the mediation session if the mediator(s) deems it appropriate in the circumstances of the case.
8. In areas where technical expert advice is required, the Mediator(s) may obtain it with the parties consent with all expenses incurred therewith be borne equally by the parties.
1. A settlement of the dispute must be reduced to writing and be signed by all parties concerned, before it is binding on the parties.
2. The parties are to draw up the settlement terms with the help of the Mediator(s), if needed.
The mediation session will terminate on the happening of any of the following events:-
1. a party withdraws from the mediation;
2. settlement has been reached and set down in writing;
3. the Mediator(s) is of the view that settlement is unlikely to be reached through mediation;
4. the Mediator(s) decides to withdraw from the mediation for any of the reasons stated in the Code of Conduct.
any other reason, in the view of the Mediator(s), which renders the continuation of the existing mediation inequitable or fair, for either or all of the parties.
1. All persons involved in the mediation, including the Mediators and all parties and/or legal representatives/experts, are to keep the entire proceedings confidential. This includes but not limited to, the Mediation, the Mediation process or session(s), all statements, views and proposals made or shared at or during the proceedings and all information, written or verbal, produced for or arising out of the mediation.
2. The Settlement Agreement, if any, will be kept confidential except when and insofar as disclosure is necessary to implement and enforce the same.
3. The entire proceedings are deemed “without prejudice” and all documents, statements, submissions and information produced will be inadmissible and not subject to discovery in any arbitration or legal action. However, evidence that is otherwise admissible or discoverable will not be rendered inadmissible or non- discoverable by reason of it use in connection with this procedure.
4. The Mediators (or any member of their firms or companies) will not be allowed to act as arbitrators, witnesses, consultants, experts or legal advisors for any party at anytime in any proceedings connected with the subject matter of the mediation without the consent from all parties.
5. The parties will not call the Mediator(s) or iiM (or any employee, officer or representative, as a witness, consultant, arbitrator or expert) in any proceedings in relation to the dispute.
I. Stay of Proceedings
1. Subject to any legislation in Singapore that applies to the mediation, the mediation will not prevent the commencement of any arbitration or court proceedings on the same subject matter, nor will it act as a stay of proceedings, unless otherwise agreed by the parties and subject to the terms of any Settlement Agreement reached between the parties.
J. Fees and Expenses
1. Expenses incurred by each party, including traveling and legal advice, will be borne by the party themselves.
2. iiM will provide information on the fees chargeable for the Mediation. The fees and charge are subject to change by iiM.
K. Exclusion of Liability
1. iiM, the Mediators, and all employees and officers of iiM will not be held liable for any acts and/or omissions arising out of or in relation to the mediation, save that these acts/or omissions arose from fraud or willful misconduct.
2. The Mediators are not employees or agents of iiM.