The CoRe Group's Mediation Service Guidelines:
Rules of Procedure
1.0 General Rules of Procedures
1.1 The mediation process is voluntary. Parties should choose to take part in the process according to their own free will.
1.2 By volunteering, parties are coming into the process with the intention of settling their differences with the other party using a collaborative method.
1.3 Parties may choose to end the process at any time and may still pursue their case through arbitration and litigation.
1.4 The parties in conflict and the mediator will attend the mediation session. If desired, the parties’ representatives or advisers (legal representatives) may be present.
1.5 Should representatives appear for principal parties, a notarized Special Power of Attorney and Board Resolution stating that representative/s have the full authority to enter into mediation and signed agreements must be submitted.
1.6 The mediation process is strictly confidential, and no part of the discussion with the mediator, excluding child abuse and domestic violence, threats of violence, or intention to commit a crime, shall be disclosed without prior approval of the mediator or the pertinent parties.
2.0 Complaint Processing
2.1 The CoRe Group will, within ten (10) working days from receiving request for services, recommend a mediator to the parties from its roster of mediators. Consideration will be given to the nature of the dispute, the location, experience requirement and the complexity. If the parties do not agree to the appointment of a mediator, the CoRe Group will appoint another mediator if requested to do so.
2.2 Within five (5) working days from receiving the request for mediation services, the mediator or The CoRe group will send parties a ‘Notice for Mediation’ informing them about the mediation process, the mediator assigned to their dispute, and the schedules.
3.0 Agreement to Mediate
3.1 Parties will sign an ‘Agreement to Mediate’ before beginning the mediation. The agreement establishes the roles of the parties, the general rules that will be followed, and results after the mediation.
3.2 By signing the agreement, the parties agree to be bound by the provisions of the procedures.
4.0 The Role of the Mediator
4.1 The Mediator is an independent, impartial facilitator, assisting the parties in understanding each other’s needs and eventually determining a solution satisfying to both. He/she does not take sides nor does he/she make any decision for the parties.
4.2 The mediator shall be present and shall facilitate all mediation sessions.
4.3 The mediator will keep all information revealed in mediation confidential. The mediator will not testify in any court proceedings to disclose any information revealed in mediation.
4.4 The mediator will not provide legal advice or impose a settlement on the parties.
4.5 The mediator may stop the mediation at any point for any reason.
5.0 Conduct of the Mediation Process
5.1 Each mediation process begins with an Opening Statement where the mediator
● introduces him/herself and where parties introduce themselves;
● explains the objectives of the mediation;
● describes the role of the mediator as well as the parties;
● explains the mediation process;
● emphasizes confidentiality of the mediation;
● seeks questions and clarifications; and
● sets the ground rules that all parties need to abide by during the entire mediation process.
5.2 Parties enter mediation in good faith and shall therefore be expected to make their mediation proposals in earnest.
5.3 The mediator will provide ‘uninterrupted time’ for each party to explain and describe the issue or complaint. At any time during the process and whenever necessary, the mediator or parties may call for a private caucus.
5.4 The mediation process is strictly confidential, and no part of the discussion with the mediator, excluding child abuse and domestic violence, threats of violence, or intention to commit a crime, shall be disclosed without prior approval of the mediator or the pertinent parties.
6.0 The Mediation Agreement & Enforcement Mechanism
6.1 The parties bind themselves legally to fulfil their commitments if an agreement is reached through the mediation process. As such, they should have the full authority to commit resources to the agreement.
6.2 Should there be a need to change the mediation agreement, the parties may return to mediation with consent from the other party.
6.3 The mediator shall assist parties in drafting the mediation agreement which should contain specific details of what has been agreed on, including date, time and venue for the fulfilment of the agreement.
6.4 The parties will sign the ‘Mediation Agreement Form’ making the agreement legally binding.
6.5 Should parties wish to register the signed mediation agreement with the courts, The CoRe Group abides by existing rules of the Supreme Court and other governing bodies on the registration and enforcement of mediation agreements at that level.
7.0 Closure or Wrap-Up
7.1 The mediator will prepare all necessary documentations.
7.2 The parties will evaluate the mediation process using the ‘Mediation Evaluation Form’.
7.3 The mediator submits the Mediator Assignment and Tracking Form including a Mediator’s Report.
7.4 All other notes will be destroyed and all documents submitted by the parties will be returned to them.
8.0 Termination of Mediation
At any time during the process the mediation may be terminated when (a) a party voluntarily withdraws from the mediation, (b) a written settlement agreement is reached, or (c) if the mediator, at his/her sole discretion, decides that it is unlikely to result in a settlement, or that he/she should withdraw due to ethical reasons.
9.0 Mediation Costs
Usually, costs of the mediation are borne equally between the parties. Payment of these costs will be made to The Conflict Resolution Group Foundation, in accordance with its fee schedule and the corresponding terms and conditions. All other costs (e.g. travel, legal representative costs) are to be borne by the party incurring them, unless otherwise agreed with the other party.