Mediation Procedural Rules
1.1 These Rules apply to the mediation of present or future disputes where the parties seek amicable settlement of such disputes and where, either by stipulation in their contract or by agreement, they have agreed that these Rules shall apply.
1.2 The parties may agree to vary these Rules at any time. However, that Jupitice Administrator may decide not to administer the Proceedings if, in its discretion, it considers that any such modification is not in the spirit of the Rules. At any time after the confirmation or appointment of the Mediator, any agreement to modify the provisions of the Rules shall also be subject to the approval of the Mediator.
1.3 By agreeing to these rules, Parties agree that Jupitice Administrator will administer the mediation and the mediation proceeding shall be performed on Jupitice Justice Platform.
1.4 The term “mediation” as used in the Rules shall be deemed to cover such settlement procedure or procedures and the term “Mediator” shall be deemed to cover the neutral who conducts such settlement procedure or procedures. Whatever settlement procedure is used, the term “Proceedings” as used in the Rules refers to the process beginning with its commencement and ending with its termination pursuant to the Rules.
2.1 ‘Communication’ means any communication (including a statement, declaration, demand, notice, response, submission, notification, request and any other action(s) relating to arbitration) made by means of information generated, sent, received or stored by electronic, magnetic, optical or similar means via Jupitice Justice Platform.
2.2 All communications in the course of Mediation proceedings shall be communicated to Jupitice Administrator via the Jupitice Justice Platform.
2.3 All the parties to dispute, Mediator and the Jupitice Justice Platform shall have a designated “Electronic Address”.
2.4 A communication shall be deemed to have been received when, following communication to Jupitice Administrator in accordance with paragraph 2.1, Jupitice Administrator notifies the parties and Mediator of its availability, in accordance with paragraph 2.4.
2.5 Jupitice Administrator shall promptly notify a party and/ or the Mediator of the availability of any communication directed to that party and/ or the Mediator at the Jupitice Platform.
2.6 Jupitice Administrator shall promptly notify all parties and the Mediator of the commencement and conclusion of Mediation proceedings as the case may be.
3.1 Where there is an agreement between the parties to refer their dispute to the Rules, any party or parties wishing to commence mediation pursuant to the Rules shall file a written Request for Mediation (the “Request”) with Jupitice Administrator. The Request shall include:
- the contact details of the parties to the dispute and of any person(s) representing the parties in the Proceedings;
- a description of the dispute including, if possible, an assessment of its value;
- any agreement as to time limits for conducting the mediation, or, in the absence thereof, any proposal with respect thereto;
- any agreement as to the language(s) of the mediation, or, in the absence thereof, any proposal as to such language(s);
- any agreement as to the Governing Law and Jurisdiction,
- any joint nomination by all of the parties of a Mediator or any agreement of all of the parties as to the attributes of a Mediator to be appointed by the Jupitice Administrator where no joint nomination has been made, or, in the absence of any such agreement, any proposal as to the attributes of a Mediator;
- a copy of any written agreement under which the Request is made.
3.2 Together with the Request, the party or parties filing the Request shall pay the filing fee required by the Appendix hereto in force on the date the Request is filed.
3.3 Jupitice Administrator shall promptly all other parties of the availability of such communication at the Jupitice platform unless the Request has been filed jointly by all parties.
3.4 Jupitice Administrator shall acknowledge receipt of the Request and of the filing fee in writing to the parties.
3.5 Where there is an agreement to refer to the Rules, the date on which the Request is received by Jupitice Administrator shall, for all purposes, be deemed to be the date of the commencement of the Proceedings.
3.6 Where the parties have agreed that a time limit for settling the dispute pursuant to the Rules shall start running from the filing of a Request, such filing, for the exclusive purpose of determining the starting point of the time limit, shall be deemed to have been made on the date Jupitice Administrator acknowledges receipt of the Request or of the filing fee, whichever is later.
4.1 In the absence of an agreement of the parties to refer their dispute to the Rules, any party that wishes to propose referring the dispute to the Rules to another party may do so by sending a written Request to Jupitice Administrator. Upon receipt of such Request, Jupitice Administrator will inform all other parties of the proposal and may assist the parties in considering the proposal.
4.2 Together with the Request, the party or parties filing the Request shall pay the filing fee required by the Appendix hereto in force on the date the Request is filed.
4.3 Where the parties reach an agreement to refer their dispute to the Rules, the Proceedings shall commence on the date on which Jupitice Administrator notifies the parties that such an agreement has been reached.
4.4 Where the parties do not reach an agreement to refer their dispute to the Rules within 14 days from the date of the receipt of the Request by Jupitice Administrator or within such additional time as may be reasonably determined by Jupitice Administrator, the Proceedings shall not commence.
4.5 The party or parties who receive a request for mediation shall notify Jupitice Administrator within 14 days after receipt of the request fails to reply within 14 days shall be treated as a refusal to mediate.
5.1 In the absence of an agreement of the parties, Jupitice Administrator may determine the language(s) in which the mediation shall be conducted or may invite the Mediator to do so after the Mediator has been confirmed or appointed.
6.1 The mediator will fix the date and the time of each mediation session. The mediation will be held on line via Jupitice Justice Platform.
7.1 Any party may be represented by persons of the party’s choice. Representation by counsel is not required. Parties other than natural persons are expected to have present throughout the mediation. An officer, partner or other employee authorized to make decisions concerning the resolution of the dispute.
8.1 The parties may jointly nominate a Mediator for confirmation by Jupitice Administrator.
8.2 In the absence of a joint nomination of a Mediator by the parties, Jupitice Administrator shall, after consulting the parties, either appoint a Mediator or propose a list of Mediators to the parties. All of the parties may jointly nominate a Mediator from the said list for confirmation by Jupitice Administrator, failing which Jupitice Administrator shall appoint a Mediator.
8.3 Before appointment or confirmation, a prospective Mediator shall sign a statement of acceptance, availability, impartiality and independence. The prospective Mediator shall disclose in writing to Jupitice Administrator any facts or circumstances which might be of such a nature as to call into question the Mediator’s independence in the eyes of the parties, as well as any circumstances that could give rise to reasonable doubts as to the Mediator’s impartiality. Jupitice Administrator shall provide such information to the parties in writing and shall fix a time limit for any comments from them.
8.4 When confirming or appointing a Mediator, Jupitice Administrator shall consider the prospective Mediator’s attributes, including but not limited to nationality, language skills, training, qualifications and experience, and the prospective Mediator’s availability and ability to conduct the mediation in accordance with the Rules.
8.5 Jupitice Administrator shall make all reasonable efforts to appoint a Mediator having the attributes, if any, which have been agreed upon by all of the parties. If any party objects to the Mediator appointed by Jupitice Administrator and notifies Jupitice Administrator and all other parties in writing, stating the reasons for such objection, within 15 days of receipt of notification of the appointment, Jupitice Administrator shall appoint another Mediator.
8.6 Upon agreement of all of the parties, the parties may nominate more than one Mediator or request Jupitice Administrator to appoint more than one Mediator, in accordance with the provisions of the Rules. In appropriate circumstances, Jupitice Administrator may propose to the parties that there be more than one Mediator.
9.1 The party or parties filing a Request shall include with the Request the non-refundable filing fee, as set out in the Appendix hereto. No Request shall be processed unless accompanied by the filing fee.
9.2 Following the receipt of a Request, Jupitice Administrator may request that the party filing the Request pay a deposit to cover the administrative expenses of Jupitice Administrator.
9.3 Following the commencement of the Proceedings, Jupitice Administrator shall request the parties to pay one or more deposits to cover the administrative expenses of Jupitice Administrator and the fees and expenses of the Mediator, as set out in the Appendix hereto.
9.4 Jupitice Administrator may stay or terminate the Proceedings under the Rules if any requested deposit is not paid.
9.5 Upon termination of the Proceedings, Jupitice Administrator shall fix the total costs of the Proceedings and shall, as the case may be, reimburse the parties for any excess payment or bill the parties for any balance required pursuant to the Rules.
9.6 With respect to Proceedings that have commenced under the Rules, all deposits requested and costs fixed shall be borne in equal shares by the parties, unless they agree otherwise in writing. However, any party shall be free to pay the unpaid balance of such deposits and costs should another party fail to pay its share.
9.7 A party’s other expenditure shall remain the responsibility of that party, unless otherwise agreed by the parties.
10.1 The Mediator and the parties shall promptly discuss the manner in which the mediation shall be conducted.
10.2 After such discussion, the Mediator shall promptly communicate to Jupitice Administrator a written note for notification to all the parties informing them of the manner in which the mediation shall be conducted. Each party, by agreeing to refer a dispute to the Rules, agrees to participate in the Proceedings at least until receipt of such note from the Mediator or earlier termination of the Proceedings.
10.3 In establishing and conducting the mediation, the Mediator shall be guided by the wishes of the parties and shall treat them with fairness and impartiality.
10.4 Each party shall act in good faith throughout the mediation.
11.1 The mediator will interpret and apply these Rules in so far as they relate to the mediator’s duties and responsibilities. All other procedures will be interpreted and applied by Jupitice Administrator.
12.1 The mediation shall be governed by, construed and take effect in accordance with the laws to which all the parties agree to. The courts of the state accordingly have exclusive jurisdiction to settle any claim, dispute or matter of difference that may arise out of or in connection with the mediation.
13.1 Proceedings which have been commenced pursuant to the Rules shall terminate upon written confirmation of termination by Jupitice Administrator to the parties after the occurrence of the earliest of:
- the signing by the parties of a settlement agreement;
- the notification in writing made to the Mediator by any party, at any time after it has received the Mediator’s note, that such party has decided no longer to pursue the mediation;
- the notification in writing by the Mediator to the parties that the mediation has been completed;
- the notification in writing by the Mediator to the parties that, in the Mediator’s opinion, the mediation will not resolve the dispute between the parties;
- the notification in writing by Jupitice Administrator to the parties that any time limit set for the Proceedings, including any extension thereof, has expired;
- the notification in writing by Jupitice Administrator to the parties, not less than seven days after the due date for any payment by one or more parties pursuant to the Rules, that such payment has not been made; or
- the notification in writing by Jupitice Administrator to the parties that, in the judgment of Jupitice Administrator, there has been a failure to nominate a Mediator or that it has not been reasonably possible to appoint a Mediator.
14.1 Any settlement agreement reached in the course of mediation shall be in writing and signed by or on behalf of the parties.
14.2 For the avoidance of doubt, a settlement agreement may take the form of an electronic record, and be signed by electronic signature.
14.3 Where any settlement agreement has been reached, the mediator shall promptly notify Jupitice Administrator of the same.
14.4 A settlement agreement may be recorded substantially in the format set out in Appendix C.
15.1 In the absence of any agreement of the parties to the contrary and unless prohibited by applicable law:
- the Proceedings, but not the fact that they are taking place, have taken place or will take place, are private and confidential;
- any settlement agreement between the parties shall be kept confidential, except that a party shall have the right to disclose it to the extent that such disclosure is required by applicable law or necessary for purposes of its implementation or enforcement.
15.2 Unless required to do so by applicable law and in the absence of any agreement of the parties to the contrary, a party shall not in any manner produce as evidence in any judicial, arbitral or similar proceedings:
- any documents, statements or communications which are submitted by another party or by the Mediator in or for the Proceedings, unless they can be obtained independently by the party seeking to produce them in the judicial, arbitral or similar proceedings;
- any views expressed or suggestions made by any party within the Proceedings with regard to the dispute or the possible settlement of the dispute;
- any admissions made by another party within the Proceedings;
- any views or proposals put forward by the Mediator within the Proceedings; or
- the fact that any party indicated within the Proceedings that it was ready to accept a proposal for a settlement.
15.3 No persons other than the parties, their representatives, their advisors, and the mediator may attend the mediation, save with the permission of the parties and the mediator.
15.4 There shall be no transcript or formal record of the mediation, save for that which may be necessary to record any settlement agreement.
16.1 Unless all of the parties have agreed otherwise in writing or unless prohibited by applicable law, the parties may commence or continue any judicial, arbitral or similar proceedings in respect of the dispute, notwithstanding the Proceedings under the Rules.
16.2 Unless all of the parties agree otherwise in writing, a Mediator shall not act nor shall have acted in any judicial, arbitral or similar proceedings relating to the dispute which is or was the subject of the Proceedings under the Rules, whether as a judge, an arbitrator, an expert or a representative or advisor of a party.
16.3 Unless required by applicable law or unless all of the parties and the Mediator agree otherwise in writing, the Mediator shall not give testimony in any judicial, arbitral or similar proceedings concerning any aspect of the Proceedings under the Rules.
16.4 The Mediator, Jupitice Administrator, and its employees, and representatives shall not be liable to any person for any act or omission in connection with the Proceedings, in all matters not expressly provided for in the Rules, Jupitice Administrator and the Mediator shall act in the spirit of the Rules.
17.1 The parties jointly and severally release, discharge and indemnify the mediator and Jupitice Administrator in and their employees and representatives in respect of all liability whatsoever, whether involving negligence or not, from any act or omission in connection with or arising out of or relating in any way to any mediation conducted under these Rules, save for the consequences of fraud or dishonesty and except to the extent such limitation of liability is prohibited by applicable law.
Appendix – Fees & Costs
1. Filing Fee
2. Administrative Expenses