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Retreat on implementation of Mediation Rules at JSI on 11 th Jan 2008

Retreat on implementation of Mediation Rules at JSI on 11 th Jan 2008. Outline of activities. Objectives of Retreat. Create a harmonised position for the implementation of the new mediation rules Recap on the new mediation rules SI 55 of 2007

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Retreat on implementation of Mediation Rules at JSI on 11 th Jan 2008

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  1. Retreat on implementation of Mediation Rules at JSI on 11th Jan 2008 Outline of activities

  2. Objectives of Retreat • Create a harmonised position for the implementation of the new mediation rules • Recap on the new mediation rules SI 55 of 2007 • Review the recommendations made at the Launch of the new mediation rules on the 12th December 2007 and design a plan of action.

  3. 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

  4. Consensus on retreat objectives Adoption of retreat objectives

  5. Recap on the new mediation rules SI. 55 of 2007 • Came into force on 21st November 2007 and replace the pilot rules SI. 71 of 2003 • Move mediation from purely court annexed to multi door R.13 (1) (a)-(d) • Creates mandatory reference to mediation (R. 8) of all cases filed in commercial court

  6. Recap on the new mediation rules SI. 55 of 2007 4. No review or appeal permitted from a mediation referral order R. 8 (3) • Exemption from mediation only for sufficient cause by motion to or of court R. 10 or by objection R. 9 • Provides for a 30 day time limit to complete mediation with a possible extension for another 30 days R. 11 and 12

  7. 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

  8. 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)

  9. Recap on the new mediation rules SI. 55 of 2007 Discussion or observations on recap of rules by participants

  10. 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

  11. Presentation of resolutions made at launch of rules

  12. Presentation of Report of the working group Issues raised in Report. • Space for mediators/mediation rooms • With partitions on 3rd floor 4 mediators can be accommodated • OS should follow up

  13. 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

  14. 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

  15. Presentation of Report of the working group 3. Establish evaluation parameters • Cases referred • Cases closed • Cases settled • Dispute value/money unlocked • Settlement rate-full and partial • Satisfaction rate • Mediator evaluation

  16. Presentation of Report of the working group Survey form

  17. Presentation of Report of the working group Survey form

  18. Presentation of Report of the working group Survey form

  19. Presentation of Report of the working group Survey form

  20. 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

  21. Presentation of Report of the working group

  22. Presentation of Report of the working group

  23. Presentation of Report of the working group

  24. Presentation of Report of the working group

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