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
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 .
The Mediation Session
After receiving the prescribed 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 . 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