Mediation

Mediation is a dynamic and confidential process where a skilled and impartial mediator actively facilitates communication between individuals or organizations to foster a negotiated resolution of a dispute. Throughout the mediation, both parties retain full control over the decision-making process and the terms of the settlement. Compared to traditional court proceedings, mediation proves to be a significantly more effective and cost-efficient method of resolving conflicts, offering a flexible and cooperative approach that encourages mutually agreeable outcomes.

  • Prior to the mediation session, relevant information is exchanged between the parties and the mediator either through face-to-face meetings or, if necessary, via phone communication.
  • The mediation process involves confidential discussions, where all parties meet separately with the mediator and, if mutually agreed upon, have face-to-face interactions with each other.
  • Any information shared by one party with the mediator remains strictly confidential and can only be disclosed to the other party with prior consent.
  • The mediator's primary role is to facilitate the search for agreement. They may help a party assess the strength of their case in private and suggest how proposed solutions may be received by the other party, without taking any sides.
  • Once a mutually acceptable resolution is reached, the mediator promptly drafts a written, legally binding agreement, and plans for its immediate implementation.

To register a new case, please send your application to info@tccadr.org or click the form below.

TCC Model Mediation Clause:

If a dispute has arisen, but there is no agreement between the parties to mediate, or if the parties wish to amend a dispute resolution clause to provide for TCC mediation, the following clause is recommended:

Parties hereby agree that the dispute, controversy, difference or claim having arisen between the parties in relation to ________________(Brief description of contract under which disputes, controversies, differences or claims have arisen) shall be referred to and finally resolved by mediation administered by the TCC ADR Centre in accordance with the Mediation Rules of the TCC ADR Centre (“TCC Rules”) for the time being in force, which rules are deemed to be incorporated by reference into this clause.

The seat, or legal place, of mediation shall be [City and/or Country].

The number of mediators shall be [one/three].

The language of the proceedings shall be [ ].

The governing law of the contract [is/shall be] the substantive law of [ ].

Payment of fees and costs could be made by bank transfer at the following details:

Account TCC ADR Centre
Bank Bank Al-Falah Limited, DHA Phase V Branch, Lahore, Pakistan
Account number 09601008103213
IBAN PK96ALFH0960001008103213
Currency PKR

Note:

It is important to include the name of the payer and, if applicable, the case reference to the payment for its prompt and accurate crediting. A copy of the proof of payment should be provided, so that the respective transfer is located in the TCC’s accounts.

All payments must be free of any charges that may occur at the sending and/or receiving bank. TCC shall bear no responsibility with regards to any currency conversions that might be applied by the sending and/or the receiving bank or to any currency fluctuations, which might overall affect the payment of fees and costs.

info@tccadr.org

TCC ADR CENTRE MEDIATION RULES

 

MARCH 2023

 

 

TCC ADR Centre

7A Commercial Area XX Block, Phase III DHA

Lahore, Pakistan 54810

T: +92 325 224 2727

W: https://tccadr.org/

E: info@tccadr.org

 

 

TCC ADR Centre aims to support the business community by focusing on technology, construction and commercial disputes with efficiency, fairness, and integrity. It is a not-for-profit organization registered under Section 42 of the Companies Act 2017 of The Islamic Republic of Pakistan, that promotes the use of ADR with accredited trained and qualified experts and neutrals. It strives to provide a transparent and accessible alternative to traditional litigation which can foster a thriving investor climate and deliver excellence to businesses and industries across the nation. While TCC ADR Centre has used its best efforts in preparing this publication, it makes no representation or warranties with respect to the accuracy or completeness of its content and specifically disclaims any implied warranties of merchantability or fitness for a particular purpose. All rights are reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission in writing of the TCC ADR Centre. Enquiries concerning the reproduction outside the scope of these rules should be sent to the TCC ADR Centre.


 

TABLE OF CONTENTS

 

TCC ADR CENTRE MEDIATION RULES

Article 1 Scope of application.................................................................... 1

Article 2 Initiating mediation: prior agreement....................................... 1

Article 3 Initiating mediation: no prior agreement................................. 2

Article 4 Mediator appointment................................................................. 3

Article 5 — Conflict of interest........................................................................ 4

Article 6 Confidentiality.............................................................................. 4

Article 7 — Conduct of the mediation........................................................... 4

Articles 8 Termination of the mediation................................................... 5

Articles 9 Costs............................................................................................. 5

Article 10 Mediator’s role in subsequent proceedings............................ 6

Article 11 — Exclusion of liability.................................................................. 6

Appendices

Appendix I

Model mediation clauses for contracts........................................................... 7


 

Article 1 Scope of application

 

 

1.1.              Where parties have agreed that any disputes between them, whether contrac- tual or not, shall be referred to mediation under the TCC ADR Centre Mediation Rules (‘The Rules’) then such disputes shall be mediated in accordance with these Rules, or such amended rules as the TCC ADR Centre may have adopted as of the date of filing a request for mediation, subject to such modification as the parties may agree.

1.2.              These Rules shall come into force on 1 March 2023.

 

1.3.              The parties may at any time agree in writing, as between them, to modify the provisions of the Rules. Any agreement to modify the provisions made after a mediator is appointed shall be subject to the approval of the mediator also in writing.

 

1.4.               All communications with and applications to the TCC ADR Centre under these Rules shall be in English. TCC ADR Centre may request from the parties a translation of any document written in a language other than English, where such a document is required for TCC ADR Centre to fulfill its mandate under these Rules.

 

1.5.              In these Rules:

a)        mediation’ refers to the entire process from the initiation of a mediation in accordance with Article 2 or 3 of these Rules as appropriate until it is terminated in accordance with Article 9 of these Rules;

 

b)        The functions of the TCC ADR Centre shall be performed in its name by the Chair of TCC ADR Centre;

c)        ‘DAS’ means the ‘Dispute Appointment Service’ of the TCC ADR Centre;

d)        ‘representative’ includes any adviser or other authorized representative of a party;

e)        words used in the singular shall be construed to include the plural and

vice versa, as the context may require.

 

1.6.              For the purpose of calculating a period of time under these Rules, such period shall begin to run on the day following the day when a notice is received. If the last day of such period is an official holiday or non-business day at the residence or place of business of the addressees, the period is extended until the first business day that fol- lows. Official holidays or non-business days occurring during the running of the period of time are included in calculating the period.

 

 

Article 2 Initiating mediation: prior agreement to mediate under the Rules

 

 

2.1.              Where there is a prior agreement to mediate under these Rules, any party may initiate mediation by communicating to all other parties to the dispute, in writing


 

(which includes e-mail) a request for mediation, containing:

a)        the date on which the request was communicated to the other parties;

b)        the names, addresses (including e-mail addresses), and contact numbers (including telephone and facsimile) of all parties to the dispute and any legal or other representatives involved, so far as known to the requesting party;

 

c)        a brief description of the nature of the dispute and, if possible, its esti- mated value;

 

d)        a name or names of mediators that the party proposes be appointed; and/ or

 

e)        a proposal for criteria required of a prospective mediator, such as lan- guage skills, mediation experience or subject-matter expertise; and

 

f)         a proposal for dates when the parties and the mediator could meet, if a meeting is required.

g)        a copy of the prior agreement to mediate.

2.2.              Within 21 days from the date on which a request for mediation was received by all of the other parties, each recipient shall respond to the requesting party in writ- ing, with a copy to all other parties, stating whether they accept the request to mediate and whether they accept any of the proposed name(s) or criteria suggested by the re- questing party and making any additional suggestions the recipient may have regarding name(s) or criteria for the appointment of a mediator.

 

2.3.              Mediation shall be deemed initiated on the date when a written acceptance of the request to mediate has been received by the requesting party from all of the other parties.

 

2.4.              In the event that some of the other parties accept the request to initiate media- tion under these Rules within 21 days then mediation shall be deemed initiated be- tween them and the requesting party from the date of the last acceptance.

 

2.5.              In the event that none of the other parties accept the request to initiate media- tion under these Rules within 21 days from the date on which the request was commu- nicated to them there shall be no mediation under these Rules.

 

 

Article 3 Initiating mediation: no prior agreement to mediate under the Rules

 

 

3.1.              Where there is no prior agreement between the parties to refer a dispute to mediation under these Rules, any party wishing to initiate mediation under these Rules may offer to do so by communicating a written request inviting all other parties to re- ply within 21 days in writing (which includes e-mail) whether or not they accept the offer. The written request shall contain the information specified in Article 2.1 (a)-(f).


 

3.2.              Mediation shall be deemed initiated on the date when a written acceptance of the offer to mediate has been received by the requesting party from all of the other par- ties.

 

3.3.              In the event that some of the other parties accept the offer to initiate mediation under these Rules within 21 days then mediation shall be deemed initiated between them and the requesting party from the date of the last acceptance.

 

3.4.              In the event that none of the other parties accept the offer to initiate mediation under these Rules within 21 days from the date on which the offer was communicated to them there shall be no mediation under these Rules.

 

 

Article 4 Mediator Appointment

 

 

4.1.              Where all parties have agreed who they wish to appoint as mediator they shall jointly appoint the mediator to mediate the matters in dispute in accordance with these Rules.

 

4.2.               If, within 28 days from the initiation of a mediation the parties have not agreed upon who they wish to appoint as mediator, any party may apply to TCC ADR Centre to propose a list of potential mediators or to appoint a mediator. The party making the application shall complete the relevant application form available on the TCC ADR Centre’s web-site and send it to DAS with a copy to the other parties.

 

4.3.              The request to propose a list of potential mediators or to appoint a mediator by the TCC ADR Centre pursuant to these Rules shall be accompanied by payment of the appropriate application fee specified on the TCC ADR Centre website. TCC ADR Centre shall not proceed until the specified payment has been received. The application fee is not refundable.

 

4.4.               On receipt of an application to appoint a mediator, the TCC ADR Centre shall make the appointment as promptly as possible, but in any event within 10 days. In making the appointment the TCC ADR Centre shall have due regard to any agreement in writing between the parties as to the criteria required of a prospective mediator, such as language skills, mediation experience or subject-matter expertise.

 

4.5.               Mediators are usually selected from the TCC ADR Centre’s Panel of Media- tors. However, TCC ADR Centre may appoint a mediator who is not on the TCC ADR Centre’s Panel of Mediators if it considers, in its sole discretion, that it is appropriate to do so.

4.6.              A single mediator will be appointed, unless otherwise agreed by the parties.


 

Article 5 Conflict of interest

 

 

5.1.              The mediator shall inform the TCC ADR Centre and all parties at the earliest possible time, whether before or during the process, of any perceived conflict of interest and shall withdraw unless the parties explicitly consent to the mediator continuing.

 

5.2.              In the event that a mediator has to be replaced during the course of the media- tion, a substitute mediator shall be selected or appointed pursuant to the procedure pro- vided for in Article 4.

 

 

Article 6– Confidentiality

 

6.1.              Unless required by law or otherwise agreed between the parties to the media- tion in writing:

 

a)        TCC ADR Centre, including the Chair, its employees, the parties, their representatives, and the mediator shall keep confidential all

information, whether given orally, in writing or otherwise, produced for, or arising out of or in connection with the mediation, in-cluding the fact that the mediation is taking, or has taken, place;

 

b)        the existence and content of any settlement agreement shall be kept confidential except to the extent that disclosure is necessary for its imple-mentation or enforcement.

 

6.2.              Unless permitted by the party, the mediator shall keep all information given privately by that party confidential from all other parties.

 

 

Article 7 Conduct of the mediation

 

 

7.1.              The mediator shall conduct the mediation in such manner as the mediator con- siders appropriate, taking into account the circumstances of the case, the wishes of the parties and the need to avoid unnecessary delays.

 

7.2.              Meetings may be held face to face, by telephone, by videoconference, or other electronic means. The mediator may communicate with the parties together or with any party separately, with or without its representatives.

 

7.3.              A party may be assisted by any person(s) it chooses and must keep the media- tor and each other party informed of the names, contact details and roles of such per- sons and of any changes that may occur during the mediation.

 

7.4.              Each party will inform the mediator and all other parties to the dispute who has the ultimate authority to settle the dispute on their behalf.


 

7.5.              Throughout the mediation the parties and their representatives shall act in good faith and shall use their best efforts to co-operate with each other and with the mediator to resolve the dispute and enable the mediation to proceed smoothly.

 

 

Article 8 Termination of the mediation

 

 

8.1.              The mediation shall end:

a)        upon the signing by the parties of a written settlement agreement; or

b)        upon the mediator, after consultation with the parties, informing them that it is terminated as in the mediator’s opinion further attempts at se- curing an agreed outcome through mediation are no longer appropriate or practically achievable; or

 

c)        upon written notification by any party that the mediation is terminated. No reasons need be stated in any such notice.

 

 

Article 9 Costs

 

 

9.1.              Unless otherwise agreed by the parties, each party shall bear its own costs and expenses of the mediation.

 

9.2.              Unless otherwise agreed by the parties, each party shall bear equally the costs and expenses of the mediation including but not limited to:

a)        the TCC ADR Centre’s application fees, if applicable;

b)        the mediator’s fees and expenses;

c)        the costs of any meeting rooms, meals and refreshments or other reason- able costs relating to the organisation and conduct of the mediation;

 

d)        the fees and expenses of any independent witness or expert who attends the mediation at the request of the mediator and with the consent of the parties.

 

9.3.              The mediator may at any time during the mediation require the parties to make deposits to cover any anticipated fees or expenses related to the mediation and may suspend the mediation until such deposit is paid. Any surplus funds deposited shall be returned to the parties in proportion to their payments at the conclusion of the mediation.


 

Article 10 Mediator’s role in subsequent proceedings

 

 

10.1.           The mediator shall not be appointed as representative, counsel or expert wit- ness for any party in any subsequent adjudication, arbitration or judicial proceedings whether arising out of or in connection with either the mediation or the subject matter of the mediation, save as may be expressly agreed in writing by all the parties and the mediator. No party shall be entitled to call the mediator as a witness in any subsequent adjudication, arbitration or judicial proceedings arising out of or in connection with the same matter.

 

10.2.           The mediator shall not be appointed as an adjudicator or arbitrator in the same dispute or in any other dispute arising out of or in connection with the same matter, nor shall the mediator accept such additional appointment unless, at the time of the addi- tional appointment, the parties expressly waive in writing any objection arising out of the adjudicator or arbitrator having previously acted as mediator between the parties under these Rules, and the mediator consents to the appointment.

 

 

Article 11 Exclusion of liability

 

 

11.1.           Save for intentional wrongdoing, the parties waive, to the fullest extent per- mitted under the applicable law, any claim against the mediator, the TCC ADR Centre, including the Chair, and its employees, and any person appointed by the mediator based on any act or omission in connection with the mediation.

 

11.2.           No communication made during the course of the mediation shall be relied upon to found or maintain any action for defamation, libel, slander or any related com- plaint.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix I: Model mediation clauses for contracts


 

Option 1 Simple mediation contract clause

 

 

Any dispute, controversy, or claim arising out of or in connection with this contract, or the breach, termination or validity thereof, shall be referred to mediation in accordance with the TCC ADR Centre’s Mediation Rules. The initiation of the mediation will not prevent the parties commencing or continuing arbitration, court proceedings or any other form of dispute resolution.

Parties may consider the following additional provisions:

1.  Language(s) of the mediation

The language(s)of the mediation shall be [choose language(s]).

2.  Place of mediation and applicable law

 

The place of the mediation shall be [choose city and country]. The mediation shall be conducted in accordance with mediation law of the place of the mediation.

 

 

Option 2 Multi-tiered contract clause for TCC ADR Centre mediation followed by a TCC ADR Centre arbitration

 

 

Any dispute, controversy, or claim arising out of or in connection with this contract, or the breach, termination or validity thereof, shall first be referred to mediation in accordance with the TCC ADR Centres’ Mediation Rules.

Parties may consider the following additional provisions:

1.  Language(s) of the mediation

The language(s)of the mediation shall be [choose language(s]).

2.  Place of mediation and applicable law

The place of the mediation shall be [choose city and country]. The mediation shall be conducted in accordance with mediation law of the place of the mediation.

3.  Arbitration if mediation does not resolve the dispute

If the dispute, controversy, or claim or any part of it is not resolved by mediation within [insert number] days from the initiation of the mediation, it shall be referred to the TCC ADR Centreand settled by final and binding arbitration in accordance with the TCC ADR Centre Arbitration Rules.

The arbitral tribunal shall be composed of [one or three] arbitrator(s.)

The language(s)of the arbitration proceedings shall be [choose language(s]).


 

The place of the arbitration shall be [choose city and country]. The proceedings shall be conducted in accordance with arbitration law of the place of the arbitration.

 

 

Option 3 Agreement to TCC ADR Centre mediation after a dispute arises

 

 

We, the undersigned parties, hereby agree that the dispute concerning [insert a brief and accurate description of the dispute], shall, notwithstanding any other proceedings, be referred to mediation in accordance with the TCC ADR Centres’ Mediation Rules.

Parties may consider the following additional provisions:

1.  Language(s) of the mediation

The language(s)of the mediation shall be [choose language(s)].

2.  Place of mediation and applicable law to the mediation

 

The place of the mediation shall be [choose city and country]. The mediation shall be conducted in accordance with mediation law of the place of the mediation.

 

 

Option 4 Agreement to TCC ADR Centre mediation after a dispute arises, followed by TCC ADR Centre arbitration, if the mediation does not resolve the dispute

 

 

We, the undersigned parties, hereby agree that the dispute concerning [insert a brief and accurate description of the dispute], shall, notwithstanding any other proceedings, be referred to mediation in accordance with the TCC ADR Centres’ Mediation Rules.

Parties may consider the following additional provisions:

1.  Language(s) of the mediation

The language(s)of the mediation shall be [choose language(s)].

2.  Place of mediation and applicable law to the mediation

The place of the mediation shall be [choose city and country]. The mediation shall be conducted in accordance with mediation law of the place of the mediation.

3.  Arbitration if mediation does not resolve the dispute

 

If the dispute, controversy, or claim or any part of it is not resolved by mediation within [insert number] days from the initiation of the mediation, it shall be referred to the TCC ADR Centre and settled by final and binding arbitration in accordance with the TCC ADR Centre Arbitration Rules.


 

The arbitral tribunal shall be composed of [one or three] arbitrator(s.)

The language(s)of the arbitration proceedings shall be [choose language(s]).

The place of the arbitration shall be [choose city and country]. The proceedings shall be conducted in accordance with arbitration law of the place of the arbitration.

 

 

 

 

NOTE

 

The Practice and Standards Committee (PSC) keeps these Rules under constant review. Any comments and suggestions for updates and improvements can be sent by email to info@tccadr.org

Request for Mediation

We agree that we will abide by and perform any award rendered hereunder and that a judgment may be entered on the award

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