Appointing of Mediator

Appointing of Mediator

Mediator is an individual person that appointed by disputing parties according to his/her competency and integrity to assist them negotiation and reach mutual consensus through Mediation process.

There are 2 questions to select a Mediator: is the Mediator candidate impartial? what kind of qualification needed, related to the aspects of profession/experience/expertise/skills, of the Mediator candidate? Those elements must be important regarding that the duties of Mediator are:

1. making the negotiation running smooth between the parties;
2. assisting the parties to determine the procedures of Mediation, timetable and target result of each hearing;
3. facilitating the parties to hearing;
4. assisting the parties understand each others perspective, position and interest on the matters;
5. ensuring the parties having equal position and the same opportunity to be heard;
6. assisting the parties to find out and explore any possibilities option of resolution, and choose the better option.

In the process of BAPMI's Mediation, at the first time the parties shall reach a consensus about the number of Mediator, whether it is one person or panel. The appointment of someone as a Mediator is an agreement of the parties.

Requirements of Mediator

Commonly the persons that eligibly appointed as Mediators by the parties are the persons enlisted in the List of BAPMI's Arbitrators. The parties may appoint a person outside the list subject to BAPMI's requirements and the approval of BAPMI's Management.

In the performance of his/her duty, Mediator must at all times ensure that he/she is impartial, independent, fair, complies to the code and free of any conflict of interest and affiliation relationship with one of the parties involved in the dispute or with the dispute itself. Mediator must resign or terminated if he/she has an affiliation or conflict of interest

If Mediation fails and the parties agree to refer to Arbitration or litigation, respective Mediator prohibited acting:

• as a witness to the same case;
• as an Arbitrator or a judge to the same case.