A summary of the SDSI Mediation Process
1. Agreement between parties to mediate
There must be an agreement between the parties to submit the dispute to mediation. Please go to the ‘forms’ section to see type of agreement needed.
2. Filing of Forms with SDSI
A request to mediate must be filed with SDSI secretariat. Once received, the secretariat will instruct and advise on the next steps including the opportunity for reply/submissions of information in advance of the mediation.
3. Appointment of Mediator
The parties may agree on the appointment of a specific mediator from the SDSI Panel of Mediators. Failing such agreement, a mediator shall be appointed from the Panel by the SDSI Registrar.
4. 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.
5. 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.
6. The Mediation Day
The mediator shall meet the parties separately and show them to their own private room. In a joint opening session, the mediator will outline the ground rules for the day and obtain confirmation from each party that they have authority to settle the dispute. Each party will then be invited to make a short introductory statement and engage in further discussion as directed by the mediator.
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 session 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.