Mediation Procedures

1. Mediation process

2. Appointment of mediators

1.) Appointment process
The THAC will call every party to a meeting to appoint mediators.

2.) Number of mediator
In general, there will be one mediator unless otherwise agreed by the contending parties.

3.) How to appoint the mediator

3.1 Conflicting parties appointing the mediator

– In case of one mediator, the disputed parties will mutually appoint the mediator.

– In case of two mediators, each disputed party will appoint its mediator.

– In case of three mediators, each disputed party will appoint its mediator and the two will mutually appoint the third mediator.

3.2   If no mediator can be appointed, the THAC may appoint a mediator for the disputed parties.

4.)  Rejecting the mediator
The conflicting parties may reject the mediator before the mediation starts.

 

3. Mediation

1) Before the mediation starts

Mediators will call a meeting of everyone to determine mediation procedures.

2) Location and language/strong>

The THAC will determine both the location and language used in the mediation unless otherwise agreed by the disputed parties.

3) Submitting the dispute to arbitration or to the court

The disputed parties are prohibited to submit the dispute to arbitration or to the court unless otherwise necessary to retain their legal rights.

4) Dispute settlement

When the disputed parties reach an agreement, a mediation contract will be made.

4. End of the Mediation

1) No more than 120 days from the day the mediator is appointed; or

2) The disputed parties sign the mediation agreement; or

3) Either party no longer wishes to continue the mediation; or

4) The dispute is submitted to arbitration or to the court.

5. Confidentiality

1) Keeping mediation-related information confidential

  • The disputed parties and the mediator are to keep all information in the mediation confidential.
  • The contending parties may not refer evidences used in the mediation in other dispute settlement processes such as arbitration or litigation.

2) The disputed parties are prohibited to submit the dispute currently under the mediation to arbitration or to the court.

3) The mediator is prohibited to become an arbitrator, representative or advisor to the dispute in which he/she is a mediator.