A summary of the JSI Mediation Process is set out below:
Agreement between parties to mediate
There must be an agreement between the parties to submit the dispute to mediation. Please click on the link “using JSI” to see the various forms such an agreement can take.Filing of Forms with JSI – Request to Mediate and Reply
Appointment of Mediator
The parties may agree on the appointment of a specific mediator from the JSI Panel of Mediators. Failing such agreement, a mediator shall be appointed from the Panel by the JSI Registrar.Conduct of Mediation
The mediation shall be conducted in the manner agreed by the parties or, failing such agreement as laid down by the mediator.Prior to the Mediation Day
The mediator shall contact each party in advance of the mediation day and shall ensure that all relevant documentation has been exchanged.The Mediation Day
The mediator shall meet the parties separately and show them to their own private room.The opening session shall generally be a joint introductory session during which;-
- The mediator outlines the ground rules for the day and obtains confirmation from each party that they have authority to settle the dispute;
- Each party makes a short introductory statement;
- There may be some further discussion.
There will then be an individual session or session between the mediator and each party during which the mediator shall explore further all issues with the individual parties. Everything at this session remains confidential save where disclosure is authorised.
A further joint settlement will then be held with a view to trying to reach a settlement. This process may be repeated until a settlement is reached. Each party remains entitled however to walk away at any point.
Once a settlement is agreed between the parties an agreement setting out the terms of the settlement shall be drafted and signed by the parties. Any settlement reached only becomes binding once the agreement is signed by all parties.
- supported by: