Legal Costs Mediators
Legal Costs Mediation

 

How it Works

Outline of the Mediation Process

a) Mediation enquiry is received including details of the matter.

b) BLCM will by way of return provide a list of appropriate approved mediators.

c) Parties are to agree on the mediator (if this is not possible, BLCM will appoint a mediator through an internal ranking system of appropriate mediators).

d) Details of the mediation will be agreed between the parties, the mediator and BLCM (length of mediation, location and start time).

e) A Model mediation agreement will also be circulated by BLCM to the parties for review along with document recommendations for the mediator in advance of the mediation. Documents are to be sent to BLCM, Email: info@blcm.co.za at least 7 days in advance of the mediation. Preparation documents will be sent onto the mediator in advance of the mediation through secured delivery services.

f) The Mediation agreement is circulated to the parties for signing. Documents must be signed at least 3 days in advance of the mediation.

g) Preparation in Advance of the Mediation - The parties are to provide BLCM with the following details of the matter in order for appropriate approved mediators to be put forward:

BLCM’s responsibilities:

BLCM will provide a list of appropriate mediators who have been approved for this scheme to the parties once details of the matter have been received. Appropriate mediators are mediators who:

1. Possess the relevant skills and experience to mediate the dispute for the parties effectively.

2. Comply with the BLCM’s Code of Conduct.

Once appointed as a mediator, the mediator is to inform BLCM immediately if any issues of conflict arise or any matters which may arise cause issue with them complying with the Code of Conduct. BLCM will inform the parties immediately should any issues arise and it is for the parties to agree whether they wish to proceed with the mediation being aware of the issue raised. Parties alternatively have the option to choose a different appropriate mediator. If parties are unable to agree on an appropriate mediator, mediators will be appointed through an internal ranking system of appropriate individuals within BLCM.

BLCM will facilitate agreement of mediation arrangements and following this, confirm final arrangements as agreed in advance of the mediation between the parties and the Mediator. 

BLCM will confirm the venue, the date, the start time, the mediator and the length of the mediation.

BLCM will provide the standard Mediation Agreement (specific for legal costs mediations). The model agreement will be circulated to the parties for review and BLCM will prepare the final agreement for signature. The parties are to notify BLCM regarding any amendment requests. Subject to agreement of the amendments, BLCM shall incorporate accordingly. The mediation agreement must be signed by all parties at least 3 days in advance of the mediation.

BLCM will arrange for the mediation bundle to be sent to the mediator.

BLCM will ensure all preparation requirements are being adhered to in a timely manner.

The Mediator’s responsibilities:

• The mediator will ensure they comply with BLCM’s Code of Conduct at all times.

• The mediator will ensure conflict of interest is reported.

The Mediation

Each party attending the mediation will have a private room for confidential discussions both on their own and with the mediator. There will be a separate large room where all parties are able to come together for open discussion with the mediator.

The mediation will take place at a location chosen by the parties. If this is not possible, BLCM will arrange a suitable venue in the city agreed between the parties for the mediation to take place. Venue fees is to be split equally between the parties.

The mediator will determine the process and control the mediation, in consultation with the parties.

Common procedure for mediation is as follows:

• The mediator will engage in initial private meetings with all parties at the start of the mediation;

• The mediator will engage in a joint meeting with all parties in attendance. Usually, each party will have the opportunity to outline their position;

• Following this, joint and private sessions will take place directed by the parties and the mediator.

 

Alternative Dispute Resolution Platform Taxing Legal Costs

[Title]

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.

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Posted by Matthys Lourens on Wednesday, May 16, 2018 Views: 196