Initiation of Mediation

• If there is a case in any court or judicial forum
  One may opt for mediation by requesting the presiding officer of the court (judge) where the case is pending to refer the case for mediation at KCDR. If accepted, the court will refer your case to KCDR for scheduling a mediation session for your case.
  
  
• If the dispute is not in registered in court
  One may contact KCDR to schedule a mediation session between both entities.

Since a mediation is not a trial (at court), no witnesses are required and one may come alone or with a legal representative/advisor.

Appointment of a Mediator

KCDR will appoint an accredited mediator who will serve effectively in a facilitative role. It will liaise with the client for signing of a mediation agreement, submitting relevant documents, scheduling of mediation session and payment of prescribed fee.

The Mediation Session

After receiving the prescribed fee and relevant documents, KCDR will schedule a mediation session at a mutually convenient date and time (usually arranged between 2 - 4 weeks) at the meeting rooms of the KCDR office. The appointed mediator will contact the parties before the session.

When the parties meet for mediation, the mediator listens to both sides of the dispute and attempts to identify the issues and interests of each party. The mediator facilitates a resolution of the dispute, using the mediator's skills to assist the parties in jointly solving the identified problems. If appropriate, the mediator may meet separately in confidential sessions with each party or hold joint sessions.

Conclusion of Mediation process

• If the parties successfully reach a mutually acceptable resolution of the dispute, the mediator will assist in drafting the settlement agreement. The settlement agreement will be sent back to the court for disposal of the case/suit as per law.
  
  
• If the parties fail to reach an agreement, both parties are free to opt for litigation or go back to court. Anything said during the mediation is confidential and cannot be used in court unless both parties agree upon it.