DISPUTE SETTLEMENT – COMMERCIAL / BUSINESS

The Mediation Process – Before the Mediation

 

Any party to a dispute can refer the matter to Thavma Business Consulting (TBC). The Mediation Procedure is as follows:

a.The referring party is requested to complete a Mediation Case Referral Form which indicates:

  • The respective parties;
  • Brief description of the dispute;
  • Details of the legal representatives (if at all);
  • Whether mediation has been discussed and agreed upon between the parties.

b. TBC then contacts the referring party to:

  • Briefly discuss the dispute;
  • Provide an outline as to the procedure that will be followed in respect of each case;
  • Establish whether there are any time limits or deadlines that have been imposed by the Court or any other party;
  • Establish if there is any other aspect that needs urgent attention;
  • At the request of the referring party, TBC will contact other parties to endeavor to bring them to mediation.

c. In the event of both parties agreeing to mediate, TBC will provide a list of available dates (in the approaching one to three week “window” or as otherwise requested) and indicate their preferred choice of venue (if the neutral premises of the mediator are not going to be used). Upon receipt of the above information, liaise with all the parties, to establish a suitable date, time and venue for the mediation.

d. It is essential that each party is represented by an individual vested with full authority to settle on the day of the mediation.

e. TBC will also discuss the subject of costs with the parties. Unless the parties require otherwise, the costs for mediation are borne equally between the parties but any costs split is acceptable so long as the parties are in full agreement. – See Pricing

f. The parties are also forwarded an Agreement to Mediate which MUST be signed by the parties and returned to TBC prior to the commencement of the mediation. This ensures that the legal requirements of the parties attending the mediation are recorded and agreed, and filed at TBC.

g. Once TBC has arranged the date, time and venue of the mediation, the parties are requested to prepare a position statement which outlines details of the dispute, the reason for deadlock and what each party hopes to achieve out of the mediation. This document is not intended to be a negotiation tool, nor are the parties requested to set minimum or maximum settlement positions. The position statement and any accompanying documentation are then forwarded to TBC who will be able to identify the principal issues and areas of the dispute prior to the mediation.

 

“Taking Care of Business”