AFSA Mediation Guidelines
- A party wishing to pursue mediation proceedings shall contact the AFSA Secretariat, and notify the AFSA Secretariat of the requirement for the appointment of a mediator.
- AFSA will, in consultation with the parties, identify a suitable and acceptable mediator from its commercial mediation panel, and will confirm that person's availability to accept appointment as mediator.
- The AFSA Secretariat will make the names and contact details of the parties and/or the parties' legal representatives (as the case might be) available to the mediator.
- The mediator will communicate with both parties, with a view to facilitating the signing of the AFSA commercial mediation agreement. In this regard, the mediator will procure that the parties furnish sufficient information to ensure that the dispute to be summarised in paragraph 1.1 of the AFSA commercial mediation agreement is adequately and properly so summarised. The mediator will thereafter ensure that the mediation agreement is properly signed by all parties.
- The mediator shall, immediately after securing the signature of the parties to the mediation agreement, engage with the parties' representatives with a view to expeditiously advancing the formalities contemplated by clause 8 of the mediation agreement. Where possible, the mediator ought to procure the cooperation of the parties to agreeing to deliver their submissions and copies of the relevant documents to which they might wish to refer during the mediation process, within 5 (five) days of signature of the mediation agreement.
- As soon as the mediation agreement has been signed, the mediator shall make a copy thereof available to the AFSA Secretariat, which will ensure that the mediation fees are immediately recovered from and paid by each party.
- The mediator will ensure that proper facilities are booked and arranged for the mediation venue and process. It will be the mediator's responsibility to ensure, in cooperation with AFSA, that the parties are properly informed of the date, time and venue of the mediation proceedings, and that all facilities required at those proceedings are in place.
- The mediator will ensure that any settlement reached by the parties, pursuant to the mediation process, is there and then (i.e. at the mediation proceedings) reduced to writing and signed by the parties.
- The mediator will notify the Secretariat of AFSA of the fact of the conclusion of the mediation process.
- AFSA will attend to the payment of the mediator's fee, and to the payment of any sums due in regard to the hiring of facilities or the like.
