Vancouver Maritime Arbitrators Association
#100 1111 West Hastings Street | Vancouver, B.C | Canada V6E 2J3 | ph 604-681-2351 | Email: secretary@vmaa.org

Mediation Rules

Amended as of October 7, 2004

Mediation Rules PDF's file

Application and Purpose of Rules

1. These rules apply to mediation of disputes arising out of, or relating to, a contractual or other legal relationship where the parties:
(a) agree that the rules shall apply; or
(b) have agreed that the arbitration rules of the Vancouver Maritime Arbitrators Association shall apply.
2. These rules may be varied by the agreement of the parties at any time.


Commencement of Mediation Proceedings

3. A mediation is commenced by one party sending a written invitation to any other party to mediate under the rules, briefly setting out the nature of the dispute, or on written agreement of the parties.

4. If the other party or one of the other parties rejects the invitation, or if any of the other parties fails to respond to the invitation within 14 days, there will be no mediation involving the party who rejects or fails to respond. If there are more than two parties, the mediation may proceed between the party making invitation and the party or parties accepting the invitation.
5. If mediation has been initiated under rule 1(b), a rejection to mediate or a failure to respond to an invitation to mediate may be communicated by either party to the arbitrators after an award on the merits has been made.
Appointment of Mediator
6. If the parties cannot agree on a mediator within 7 days of the acceptance of an invitation to mediate, they may apply in writing to the President of the VMAA, or designate, for the appointment of a mediator. The application must set out a brief summary of the matters in dispute and may include the names of proposed mediators. The parties may send a joint application and summary or separate applications and summaries to the President. Following receipt of the application, or applications, and summary, or summaries, the President, or designate, shall appoint a mediator and notify the parties of the mediator’s name and address.
7. Within 10 days of the mediator’s appointment each party shall submit to the mediator a written statement describing the matter or matters in dispute, and each party shall provide a copy of its statement to the other party or parties. The written statement of
each party shall not exceed 5 double spaced typewritten pages.
8. The mediator may request the parties or any of them to submit further written statements of their position and the facts and grounds relied on in support thereof, accompanied by any documents or other evidence considered relevant by the party. Copies of such statements and documents and descriptions of evidence shall be sent to the other party or parties.
9. The mediator may at any stage of mediation require a party to submit such additional information, which the mediator considers, may assist in the mediation.
10. The mediator shall, following consultation with the parties, fix the time and location of each mediation session.

Duties of the Mediator

11. The mediator shall assist the parties in an independent and impartial manner to reach an amicable settlement of their dispute.
12. The mediator shall be guided by principles of objectivity, fairness and justice, and shall give consideration to, among other matters, the rights and obligations of the parties, the usages of the trade involved in the dispute, the circumstances surrounding the dispute, and any previous commercial business practices between or among the parties.
13. The mediator may conduct the mediation in such a manner as the mediator considers appropriate, taking into account the circumstances of the case, any wishes the parties may express, including any request by a party that the mediator hear oral statements, and the need for a speedy settlement of the dispute.
14. The mediator may at any stage of the mediation make proposals for a settlement of the dispute, but has no authority to impose a settlement on the parties. Such proposals need not be in writing and need not be accompanied by a statement of the reasons for them.
15. The mediator may, with the consent of the parties, hear any witness who may be able to assist in the mediation.
16. Where the mediator receives information concerning the dispute from a party, the mediator shall disclose the substance of that information to the other party or parties so that the other party or parties have the opportunity to present any explanation which they consider appropriate. However, when a party gives information to the mediator subject to a specific condition that it be kept confidential, the mediator shall not disclose that information to any other party.
Communications Between Mediator and Parties
17. The mediator may meet or communicate with the parties together or with each of them separately. Communication may be orally or in writing.
Co-operation of Parties with the Mediator
18. The parties shall co-operate with the mediator in good faith and shall endeavour to comply with the requests by the mediator to submit written materials, provide evidence and attend meetings.
Settlement
19. Each party may, on its own initiative or at the invitation of the mediator, submit to the mediator suggestions for the settlement of the dispute.

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