Guide To JAIAC Mediation Rules

Guide To JAIAC Mediation Rules

1. What are the JAIAC Mediation Rules?

The JAIAC Mediation Rules are a set of procedural rules covering all aspects of the Mediation process to help parties resolve their domestic or international disputes.

2. Where can I find the JAIAC Mediation Rules model clause?

Parties who wish to resort to the JAIAC Mediation Rules may incorporate the JAIAC model clause in their agreements. These Model Clauses can be found in the Schedule to the Rules.

3. What do I do if I do not have a model mediation clause in my agreement?

These Rules may also apply where the parties are agreeable that the dispute must be resolved via mediation according to the JAIAC Mediation Rules as a facilitative way of achieving an agreed outcome.

4. What type of disputes can be resolved by mediation under the JAIAC Mediation Rules?

The majority of disputes arise out of construction, commodities, insurance, landlord and tenants, distribution agreement or joint research and development (R&D) contracts or any other kind of commercial disputes.

5. What are the advantages of the JAIAC Mediation Rules?

The JAIAC Mediation Rules are flexible rules with provisions sensitive to the need for the protection of confidentiality. The JAIAC provides administrative assistance to the mediator and the parties by making available facilities, through the appointment of mediators, by providing reasonable fixed schedule of fees and by providing a balance account of the fees and costs applied to the proceedings.

6. How do I begin a matter under the JAIAC Mediation Rules?

A party initiating mediation proceedings shall be required to submit a written request to the JAIAC providing the information as required under Rule 3 of the Mediation Rules, pay a non-refundable registration fee of USD50.00 for international Mediations or JMD5,000.00 for domestic mediations.

7. When is the mediation deemed to have commenced under the JAIAC Mediation Rules?

Mediation under the auspices of the JAIAC shall be deemed to have commenced when JAIAC receives written notice of the other party’s/parties’ acceptance of the Request.

8. How much will it cost to mediate under the JAIAC Mediation Rules?

The JAIAC Schedule of Fees will be applicable to the mediation unless the mediator and the parties agree otherwise. The cost to mediate would include payment of a non-refundable registration fee by the party initiating the mediation, amounting to USD50.00 for an international mediation and JMD5,000.00 for a domestic mediation. The mediator’s fees are calculated based on the amount of days required for the mediation as well as the hourly rate for the review of documents and related works. The JAIAC administrative costs are fixed at USD200.00 for international mediations and JMD15,000.00 for domestic mediations.

9. How are mediators appointed under the JAIAC Mediation Rules?

The parties are free to agree upon a proposed mediator. If, within 30 days of the Request for mediation under Rule 4, all parties have not agreed upon a proposed mediator willing to serve and not disqualified under Rule 10, then the Secretary General of JAIAC shall appoint the mediator and the parties are deemed to have approved the appointment made by the Secretary General of JAIAC.

10. Can an appointed mediator be disqualified under the Rules?

Yes. If any party objects to the service of the mediator, the mediator will be disqualified.

11. What happens if parties fail to pay the required fees, costs and expenses?

Payment of fees, costs and expenses are regulated by Rule 40. If parties fail to pay, the Secretary General of JAIAC shall so inform the parties in order that one or another of them may make the required payment. If any such payment is not made, the mediator, after consultation with the Secretary General of JAIAC, may order the suspension or termination of the mediation.

12. Are Mediation proceedings confidential in nature?

Yes. mediation under the JAIAC Mediation Rules is private and confidential in nature as provided under Rules 19-21. The mediator, the parties, the participants and JAIAC shall keep confidential all matters relating to the mediation proceedings unless disclosure is compelled by law or if it is necessary for purposes of implementation and enforcement or it is with the consent of the parties to the mediation.

13. Are parties restricted to appointing mediators from the JAIAC’s Panel of Mediators or when mediating under the JAIAC Mediation Rules?

No. There are no restrictions imposed and parties are free to appoint mediators of their choice.

14. How long would the entire proceedings take?

Under Rule 28(d), the mediation shall be completed within 3 months from the date of the Request for Mediation under Rule 4, unless the parties have agreed otherwise.