January 12, 2018
Mediation/ Conciliation is an informal procedure in which a neutral person, the Mediator/Conciliator, assists the parties in reaching a settlement of the dispute.
A Mediation Agreement is an agreement to seek resolution of disputes or issues through mediation or conciliation. The Mediation Agreement could be under a pre-existing agreement providing for resolution of existing or future disputes through mediation or conciliation, or by means of consensus or agreement between the parties for mediation / conciliation of disputes that have arisen between or amongst them.
Where both or all parties agree to mediation or conciliation being conducted by FCDR, they shall be deemed to have made these rules, as amended and in effect as of the date of the submission of the dispute, a part of their agreement.
The Mediator/Conciliator appointed by FCDR for the dispute: Will be neutral, impartial and independent; Will not have any financial or personal interest in the result of the Mediation/Conciliation. Will disclose as soon as practicable, all actual and potential conflicts of interest that are reasonably known to the Mediator/Conciliator and could reasonably be seen as raising a question about the Mediator/Conciliator’s impartiality. After disclosure, if all parties agree, the Mediator/Conciliator may proceed with the Mediation/Conciliation.
