BLCM's unique service of the process is outlined below:
The mediator participates in open session with the participants and then may go into closed session with each participant. Anything told confidentially in closed session cannot be disclosed in open session. If there is an agreement, the mediation will terminate when a settlement agreement is signed.
If facilitative mediation fails, the parties, can invite the mediator to conduct an evaluative mediation. This is no more than asking the mediator to offer a view. There is no further closed session. The participants present their cases without a right of reply. Usually the mediator delivers his evaluation orally. It is for the participants to decide if they wish to accept the evaluation and if so, draft and sign an agreement reflecting it and if not, to terminate the mediation.
The mediation may conclude with settlement of the dispute in part or whole. All agreed matters must be drafted in a settlement agreement by the parties and signed by the representative who has full authority to settle. The settlement agreement, together with the settled allocator(s) will then be taken to the Taxing Master at the relevant court to be stamped / endorsed as “Settled”. The mediator is able to assist in drafting any settlement agreement however control is retained by the parties. This agreement is binding and if any party fails to comply with their obligations as stated in the settlement agreement, the contract can be enforced by legal action.
Parties are able to leave the mediation at any point, even if a settlement is not achieved. Parties are to inform BLCM should they require further assistance from the mediator following the mediation in a further attempt to settle the dispute. Mediations that do not settle at the mediation usually settle shortly after.
The mediator is also able to withdraw in accordance with the BLCM Code of Conduct.
The mediator's fees, travel/accommodation expenses and any supplier costs will be paid equally by the parties as stipulated in the Mediation Agreement.
The Mediation Agreement provides that the mediation fees and the parties’ legal costs and expenses shall not be treated as costs in the case. Parties and their lawyers should consider what costs arrangements are suitable (whether the case settles, or whether it does not) prior to the mediation.
For more information regarding BLCM Fees: click here
BLCM will circulate feedback forms following conclusion of the mediation. All parties will be sent feedback forms. Feedback will be based on BLCM's process and the mediator. All feedback will remain confidential to BLCM and the appropriate mediator. Any comments will contribute to the mediator's ongoing training and learning.
BLCM provides a neutral platform and physical venue for parties to resolve disputes relating to the taxation of bills of costs and a forum with competent and experienced Legal Costs Mediators and Assessors to assist parties in resolving their legal costs disputes.
Read More ...Posted by Matthys Lourens on Wednesday, May 16, 2018 Views: 1673