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(+27) 076 201 5618

MEDIATION SERVICES

MEDIATION SERVICES

Professional Mediation Service Consultants

MEDIATION SERVICES

MEDIATION SERVICES

Hassle Free Alternative Resolution

MEDIATION SERVICES

MEDIATION SERVICES

ADR Group Certified Services

Friday, February 21, 2020

Sample Procedure

Mediation Procedures

• The parties to a dispute or negotiation in question will attempt to settle it by mediation.
• The representatives of the parties must have the necessary authority to settle the dispute.
• The procedure at the mediation will be determined by the mediator.
• The parties will agree to the appointment of an ADR Group accredited mediator.

Mediation Agreement

• The parties and ADR Group will enter into and sign an agreement (“Agreement to Mediate”) in advance of the mediation, which agreement shall govern the relationship between the parties before, during and after the mediation.
• Each party, in signing the Agreement to Mediate, will be deemed to be agreeing on behalf of both itself and all such other persons to be bound by the confidentiality provisions of the Mediation Procedure.

The Mediator

The mediator will:

• attend any meetings with any or all of the parties preceding the mediation, if requested to do so, or if the mediator decides it is appropriate;
• prior to the commencement of the mediation read and familiarise him/herself with each party’s Position Statement;
• determine the procedure;
• assist the parties in drawing up any written settlement agreement;
• abide by the terms of the Mediation Procedure,

The mediator will not:

• impose a settlement on the parties;
• offer legal advice or act as legal adviser to any party;
• Analyse a party’s legal position or rights.

The parties and mediator acknowledge that the mediator is an independent contractor and is not appointed as an agent or employee of any of the parties or ADR Group.

Mediation Arrangement

ADR Group, will in consulting with the parties and the mediator, make the necessary arrangements for the mediation including, as appropriate:

• recommend mediators;
• liaise between the parties to agree suitable date and venue;
• assist the parties in preparing their Position Statement;
• discuss or meet with any or all of the parties or representatives, either together  or separately, on any matter pursuant to the proposed mediation;
• General administration in relation to the mediation.

Representation

• Parties do not require legal representation to attend the mediation.
• Where a party is un-represented, ADR Group encourages such party to obtain independent legal advice pursuant to the mediation.
• Each party is required to notify ADR Group and other parties involved in the mediation of the names of those people intended to be present on its behalf at the mediation.

Position Statements & Documentation

• Each party will be required to prepare and deliver to the mediator, within seven (7) days of the mediation, a concise summary (“Position Statement”) of the case in dispute.
• ADR Group do not impose any obligation on the parties to exchange Position Statements, but parties are free to agree to the simultaneous exchange of the Position Statements, if so agreed or if considered appropriate.
• The Position Statement is private and confidential and will not be disclosed to any other third party unless expressly authorised to do so.
• Parties are encouraged to prepare and agree to a joint bundle of documents where appropriate.

The Mediation

• No Formal record or transcript of the mediation will be made.
• The mediation session is for the purpose of attempting to achieve a negotiated settlement and all information provided during the mediation session is without prejudice and will be inadmissible in any litigation or arbitration of the dispute.
• If the parties are unable to reach a settlement during the mediation, the mediator may, if requested to do so, facilitate further negotiation after the mediation session itself has ended.

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Mediation Services
Mpumalanga, South Africa
T (+27) 076 201 5618

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Web: www.mediationservice.co.za

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