Retreat on implementation of Mediation Rules at JSI on 11th

Jan 2008

Outline of activities

Objectives of Retreat

1. Create a harmonised position for the implementation of the new mediation rules

2. Recap on the new mediation rules SI 55 of 2007

3. Review the recommendations made at the Launch of the new mediation rules on the 12th December 2007 and design a plan of action.

Objectives of Retreat

4. Presentation of the Report of the working group on practice and procedures on the new rules.

5. Discussion of working group report on the implementation of the rules and plan of action

6. Wrap up, reading of retreat resolutions and design a plan of action

Consensus on retreat objectives

Adoption of retreat objectives

Recap on the new mediation rules SI. 55 of 2007

1. Came into force on 21st November 2007 and replace the pilot rules SI. 71 of 2003

2. Move mediation from purely court annexed to multi door R.13 (1) (a)-(d)

3. Creates mandatory reference to mediation (R. 8) of all cases filed in commercial court

Recap on the new mediation rules SI. 55 of 2007

4. No review or appeal permitted from a mediation referral order R. 8 (3)

5. Exemption from mediation only for sufficient cause by motion to or of court R. 10 or by objection R. 9

6. Provides for a 30 day time limit to complete mediation with a possible extension for another 30 days R. 11 and 12

Recap on the new mediation rules SI. 55 of 2007

7. It has a more elaborate procedure for mediation R. 15; 16 and 14

8. Provides for penalty cost for failure to attend enforceable as an order of court R.18 (3)

9. Mediator’s report sent to Registrar and all parties with 10 days of completion of mediation

Recap on the new mediation rules SI. 55 of 2007

8. Settlement agreement at mediation to be endorsed as a consent judgment by Registrar while in the case of a failed mediation matter is referred back to court

9. Provides for confidentiality/immunity of the mediation process and mediators R. 21

10. Each party to bear its costs R. 23 unless a private mediator is appointed R. 13 (6)

Recap on the new mediation rules SI. 55 of 2007

Discussion or observations on recap of rules by participants

Presentation of resolutions made at launch of rules

Presentation of resolutions made at launch of rules and adoption of action points by His Worship Mr E. Mugabo

Presentation of resolutions made at launch of rules

Presentation of Report of the working group

Issues raised in Report.

1. Space for mediators/mediation rooms

- With partitions on 3rd floor 4 mediators can be accommodated

- OS should follow up

Presentation of Report of the working group

2. Setting up the Evaluation Committee R. 4 and 5. and the Monitoring Committee R. 6 and 7

- Appointment letters are to written

- Committees to be inaugurated and their work plans made i.e. half yearly meetings for Evaluation Committee and quarterly for Monitoring Committee

Presentation of Report of the working group

2. Setting up the Evaluation Committee R. 4 and 5. and the Monitoring Committee R. 6 and 7

- Appointment letters are to written

- Committees to be inaugurated and their work plans made i.e. half yearly meetings for Evaluation Committee and quarterly for Monitoring Committee

Presentation of Report of the working group

3. Establish evaluation parametersi. Cases referredii. Cases closediii. Cases settlediv. Dispute value/money unlockedv. Settlement rate-full and partialvi. Satisfaction ratevii. Mediator evaluation

Presentation of Report of the working group

Survey form

Presentation of Report of the working groupSurvey form

Presentation of Report of the working groupSurvey form

Presentation of Report of the working group

Survey form

Presentation of Report of the working group

Schedule to rules has forms but not is exhaustive so the working group has come up with the following forms

Presentation of Report of the working group

Presentation of Report of the working group

Presentation of Report of the working group

Presentation of Report of the working group