Application of the SISV Mediation Rules (wef 1 Jun 2010)

1) Wherever parties have agreed to mediation under the SISV Dispute Resolution Centre, they shall be deemed to have accepted these Rules, subject to such modifications as the parties may agree.

2) Any party to a dispute may request mediation under these Rules by submitting a written request to the Centre, giving the names and addresses of the parties and a brief description of the dispute. The cost of mediation services is to be borne by the petitioner.

Appointment of Mediator(s)

3) Upon the receipt of the written requests from both parties, the Centre shall within 7 working days nominate a Mediator or 2 co-Mediators for the dispute. Where all of the parties agree on the Mediator(s), and the proposed Mediator(s) agrees to act, the mediation shall proceed in accordance with these Rules.

Mediation Agreement

4) The parties may enter into a Mediation Agreement, with such modifications as the parties may agree.

Conduct of Mediation

5) The Mediator(s) shall commence the mediation as soon as possible after the appointment and shall conclude the mediation proceedings within 14 working days or no later than one month from the first mediation session. The parties may, however, agree to extend time for the conclusion of the mediation. The parties shall in good faith give their co-operation and assistance to the Mediator(s).

6) The Mediator(s) shall fix the date and time of each mediation session with the agreement of the parties. The mediation shall be conducted at the designated venue advised by the SAEA Secretariat or at such other venue as agreed.

7) The Mediator(s) shall have no authority to impose any settlement on the parties. They will assist the parties in an independent and impartial manner to reach a satisfactory settlement of their dispute. They may meet with parties either jointly or in private sessions.

Representatives

8) No counsel will be allowed to represent the parties in the mediation session.

Submission of brief statements

9) Prior to the mediation, each party shall submit a brief statement outlining the nature of the dispute and its views on the matter. This brief is to be submitted to the Centre 3 days before the mediation session.

Privacy

10) Other than the parties and their representatives, no other persons shall attend any mediation meeting without the agreement of every other party and the Mediator. There shall be no recording or transcript of any mediation meeting.

11) If the parties reach agreement on settlement of the dispute they shall draw up and sign a binding written settlement agreement, with the assistance of the Mediator(s) as appropriate.

Confidentiality

12) The parties, the Mediator(s), SAEA and any officer or employee of SAEA shall keep confidential all matters relating to the mediation, including the existence of terms of any settlement agreement, except where disclosure is necessary for the purpose of implementation and enforcement. All documents, records or other information received by the Mediator(s), SAEA, the Centre or any officer or employee of SAEA shall be confidential.

13) The parties shall not refer to, or introduce as evidence, in any arbitration or judicial proceedings, any communication relating to a possible settlement of the dispute, any comments made by any party in the course of the mediation, any comment or view expressed by the Mediator(s), or the fact that any party indicated any willingness, or otherwise, to accept any proposal for settlement.

Termination

14) The mediation shall terminate:

• upon execution of a settlement agreement in writing between the parties,
• upon a declaration of any of the parties that the mediation is terminated,
• upon a declaration of the Mediator(s) that a settlement is unlikely to be achieved in the mediation; or
• within 45 days of the appointment of the Mediator(s), or on such date or within such other period as may be agreed between the parties and the Mediator(s).

 Other Proceedings

15) The Mediator(s) shall not act in any capacity with regard to the subject matter of the mediation, whether as an arbitrator, a witness, consultant or representative of any party, in any arbitration or judicial proceedings, or otherwise except as all of the parties may otherwise agree.

16) No party shall call upon the Mediator(s) or any officer or employee of SISV or SAEA to give evidence in any such proceedings, except as all of the parties may agree. The parties acknowledge that in acting as Mediator(s) in any mediation held pursuant to these Rules, the Mediator(s) are not representing or giving legal advise to, nor assessing, upholding or protecting (or attempting to assess, uphold or protect) any rights of any of the parties.

Role of the SISV Mediation Centre

17) The Centre, in conjunction with the Mediator(s), may assist in arrangements for the mediation including as necessary, organising a suitable venue and assisting in the exchange of written communications and documentation.

Liability

18) Neither the Mediator(s) nor SAEA, or any officer or employee of SAEA, shall be liable for any act or omission arising out of or in relation to the mediation in the absence of fraud or willful misconduct.

Expenses

19) All expenses of the mediation, which shall include the fee, travelling and other reasonable expenses of the Mediator(s), shall be borne equally by the parties, unless they agree otherwise. Each party shall bear its costs and expenses of any witness or expert advice procured by any party, unless otherwise agreed between the parties.