Guideline for the appointment of mediators

It is one of the responsibilities of MTI East Africa Mediation Center to appoint panel mediator(s) to provide the mediation service. This guideline is intended to list out the mediator selection criteria and provide a step-by-step procedure guide for both the secretariat of MTI East Africa Mediation Center and panel mediator to go through.

MTI East Africa Training & Mediation Centre

Appointment of Mediators

MTI East Africa Mediation Center center provides two main categories of mediation services namely the General Mediation Service and the Pro-bono Mediation Service. Different appointment procedures are adopted for each service. No contractual relations will be created between MTI .E.A Mediation center and the mediator upon this appointment.

A General Mediation Service

General Mediation Service is usually referred as a paid mediation service. Mediators on the panel of MTI .E. A Mediation center usually charge the parties on an hourly rate basis. Hourly rates may vary from one mediator to another, depending on the mediator’s experience and the nature of the mediation case etc. In some cases, mediators may agree with parties to accept a fixed payment.

When an application is received, the Secretariat will recruit mediator by issuing an invitation to all panel mediators of MTI .E.A Mediation center. Information such as the nature of dispute, cost expectation and the detailed requirement specified by the parties will be provided.

Interested panel member shall send a reply to the Secretariat according to the recruitment instruction. This reply shall be sent to the Secretariat before the deadline assigned together with his/her payment schedule and a completed standardized CV. Application received after the deadline or failure to comply with the recruitment instruction may not be considered in the selection process.

In general

the Secretariat will nominate three panel mediators in accordance with the consideration and criteria set out in this guideline. The mediator will only be informed when he or she is being selected. The selected mediator will be informed of the appointment and the contacts of the parties. He or she shall start the case in take as soon as possible and act professionally in compliance with the following documents:

  1. Mediation Rules of MTI .E.A Mediation center
  2. Code of Ethics of MTI.E.A Mediation center

Mediator shall compile a mediation report to the Secretariat within 10 days after the case conclusion. This will be taken into account for the next mediator selection.

For those mediators who have applied for the case but not being selected, the Secretariat will notify them after the appointment of mediator. The flow of the appointment of Mediator for General Mediation Services

  1. Application received for the appointment of mediator(s)
  2. Secretariat issue an invitation to all Panel Mediators for the recruitment of mediator(s)
  3. Interested Panel member send reply to the secretariat
  4. Three mediators will be nominated in accordance with the appointment guideline
  5. Parties confirm the appointment of mediator(s)
  6. The appointed mediator will be informed of the appointment and the contacts of the parties.
  7. Secretariat informs all Candidates of the completion of the appointment
  8. Appointed mediator starts the mediation services
  9. Mediator report to the Secretariat of the mediation result within 10 days after case conclusion

Pro-Bono Mediation Service

The flow of the appointment of Mediator for Pro-bono Mediation Scheme

  1. Application received for the appointment of mediator(s)
  2. Secretariat issue an invitation to all Panel Mediators for the recruitment of mediator (s) and Assistant Mediator.
  3. Interested Panel member send reply to the secretariat.
  4. A mediator and two assistant mediators will be nominated in accordance with the appointment guidelines.
  5. Parties confirm the appointment of mediator(s)
  6. The appointed mediator and assistant mediators will be informed of the appointment
  7. Secretariat informs participated Panel Mediators of the completion of the appointment
  8. Appointed mediator starts the mediation services and supervise the assistant mediators
  9. Mediator report to the Secretariat of the mediation result within 10 days after case conclusion.

Selection Criteria

To ensure the selection is an unprejudiced and impartial process, MTI .E.A Mediation center shall appoint panel mediator or mediators with reference but not limited to the followings:

  1. The nature of the dispute;
  2. The mediation experience of the mediator;
  3. Satisfaction of skill and professional requirement
  4. Skills or professional or other preference specified by the parties;
  5. The availability of suitable mediator(s)
  6. The independence and impartiality of the mediator(s) to avoid potential conflict of interest.
  7. Time available for providing mediation services

Any criterion which is appropriate will be considered by in the appointment process. It is not a requirement for MTI .E.A Mediation center to provide any explanation on its nomination.

Priority

Mediation experience is significant to panel mediators. To ensure more panel mediators have the opportunity to gain experience from real life cases and provide the best mediation services to the public: For Pro -bono mediation service, priority will be accorded to panel mediator who has not been appointed as a mediator before.

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