RNLPCA MEDIATION RULES
(Effective from The Thirty First Day of the Twelfth Month in the
year One Thousand Nine Hundred Ninety Seven)
Introduction:
Historically a Mediator is one who goes between two
groups or persons to help them work out their differences and come to agreement. A
mediator usually is a neutral party, a go-between, intermediary, or arbitrator (Job 9:33;
See daysman, KJV) who brings about reconciliation in a
hostile situation when divided persons are not able to work out their differences
themselves.
A mediator can also be the negotiator of an agreement. After the agreement is made, the
mediator can then witness to its content and serve as the administrator or guarantor to
make sure its provisions are followed. A mediator needs legal authority and recognized
power to function effectively.
Mediation in the Old Testament. The Hebrew verb meaning "to decide" is
used in the sense of mediation in Genesis 31:37, "Set it here before my brethren and
your brethren, that they may judge between us both."
Later in Jewish history the idea of mediation became associated with the office of the
priest, who stands between God and human beings in spiritual matters. This term was also
applied to the prophet, who serves as intermediary in giving God’s word to people,
and the king, who serves as mediatorial administrator between God and human beings in
government. These officers discharged their duties against the background of God’s
Covenant with his people expressed in the Law.
The central role of the covenant made Moses the supreme mediator in the Old Testament.
Moses was the sole human mediator of the Sinai covenant (Ex. 20:19–22; Gal. 3:19;
Heb. 3:2–5). He offered sacrifice, consecrated the priestly house of Aaron, and
interceded for the nation. He spoke the word of God as prophet and administered government
for the nation. Moses is the figure whom the New Testament compares with Jesus as Mediator
of the New Covenant (Heb. 3:2–5).
Jesus as Mediator in the New Testament. From the New Testament perspective, there
is ultimately only "one Mediator between God and man" (1 Tim. 2:5)—Jesus
the Messiah. He alone, being fully God, can represent God to man, and at the same time,
being fully man, can represent man to God. He alone can bring complete reconciliation,
because He alone can bring about complete payment for our sin and satisfaction of
God’s wrath. He alone can bring everlasting peace (Acts 15:11; 2 Cor. 5:18; Eph.
1:7).
A major theme of the Book of Hebrews is that Jesus mediated a new and better covenant,
an eternal covenant (7:27–28; 9:15; 10:1; 12:24). Speaking the words of God (John
14:24), Jesus fulfills the prophetic office. As High Priest over the house of God (Heb.
3:1–6), He sacrificed Himself to secure our redemption and continues to intercede on
our behalf (Rom. 8:34; Heb. 7:25; 9:24; 1 John 2:1). Even our prayers are presented to God
"through" His mediation (Rom. 1:8; Heb. 13:15). And He is also "King of
kings," having "all authority in heaven and on earth" (Matt. 28:18; Phil.
2:9–11; Rev. 19:11–16). The Christian never need worry about the certainty of
His salvation. The Mediator "is able to save to the uttermost those who come to God
through Him" (Heb. 7:25).1
Table of Contents
Abbreviated Expressions (Article 1)
Scope of Application of Rules (Article 2)
Commencement of the Mediation (Articles 3 to 5)
Appointment of the Mediator (Articles 6 and 7)
Representation of Parties and Participation in Meetings (Article 8)
Conduct of the Mediation (Articles 9 to 12)
Role of the Mediator (Article 13)
Confidentiality (Articles 14 to 17)
Termination of the Mediation (Articles 18 to 20)
Registration Fee of the Center (Article 21)
Fees of the Mediator (Article 22)
Deposits (Article 23)
Costs (Article 24)
Exclusion of Liability (Article 25)
Waiver of Defamation (Article 26)
Suspension of Running of Limitation Period Under the Statute of Limitations (Article
27)
Schedule of Fees
Abbreviated Expressions
Article 1
In these Rules:
"Mediation Agreement" means an agreement by the parties to submit to
mediation all or certain disputes which have arisen or which may arise between them; a
Mediation Agreement may be in the form of a mediation clause in a contract or in the
form of a separate contract;
"Mediator" includes a sole mediator or all the mediators where more than one
is appointed;
"RNLPCA" means the Republic of New Lemuria Permanent Court of Arbitration;
"Center" means the RNLPCA Arbitration Center, a joint unit of the Republic of New Lemuria Permanent Court of Arbitration and the Republic of New Lemuria Bar
Association;
Words used in the singular include the plural and vice versa, as the context may
require.
Scope of Application of Rules
Article 2
Where a Mediation Agreement provides for mediation under the RNLPCA Mediation Rules,
these Rules shall be deemed to form part of that Mediation Agreement.
Unless the parties have agreed otherwise, these Rules as in effect on the date of the
commencement of the mediation shall apply.
Commencement of the Mediation
Article 3
(a) A party to a Mediation Agreement that wishes to commence a mediation shall submit a
Request for Mediation in writing to the Center. It shall at the same time send a copy of
the Request for Mediation to the other party.
(b) The Request for Mediation shall contain or be accompanied by
(i) the names, addresses and telephone, telex, telefax or other communication
references of the parties to the dispute and of the representative of the party
filing the Request for Mediation;
(ii) a copy of the Mediation Agreement; and
(iii) a brief statement of the nature of the dispute.
Article 4
The date of the commencement of the mediation shall be the date on which the Request
for Mediation is received by the Center.
Article 5
The Center shall forthwith inform the parties in writing of the receipt by it of the
Request for Mediation and of the date of the commencement of the mediation.
Appointment of the Mediator
Article 6
(a) Unless the parties have agreed themselves on the person of the mediator or on
another procedure for appointing the mediator, the mediator shall be appointed by the
Center after consultation with the parties.
(b) The prospective mediator shall, by accepting appointment, be deemed to have
undertaken to make available sufficient time to enable the mediation to be conducted
expeditiously.
Article 7
The mediator shall be neutral, impartial and independent.
Representation of Parties and Participation in Meetings
Article 8
(a) The parties may be represented or assisted in their meetings with the mediator.
(b) Immediately after the appointment of the mediator, the names and addresses of
persons authorized to represent a party, and the names and positions of the persons who
will be attending the meetings of the parties with the mediator on behalf of that party,
shall be communicated by that party to the other party, the mediator and the Center.
Conduct of the Mediation
Article 9
The mediation shall be conducted in the manner agreed by the parties. If, and to the
extent that, the parties have not made such agreement, the mediator shall, in accordance
with these Rules, determine the manner in which the mediation shall be conducted.
Article 10
Each party shall cooperate in good faith with the mediator to advance the mediation as
expeditiously as possible.
Article 11
The mediator shall be free to meet and to communicate separately with a party on the
clear understanding that information given at such meetings and in such communications
shall not be disclosed to the other party without the express authorization of the party
giving the information.
Article 12
(a) As soon as possible after being appointed, the mediator shall, in consultation with
the parties, establish a timetable for the submission by each party to the mediator and to
the other party of a statement summarizing the background of the dispute, the party's
interests and contentions in relation to the dispute and the present status of the
dispute, together with such other information and materials as the party considers
necessary for the purposes of the mediation and, in particular, to enable the issues in
dispute to be identified.
(b) The mediator may at any time during the mediation suggest that a party provide such
additional information or materials as the mediator deems useful.
(c) Any party may at any time submit to the mediator, for consideration by the mediator
only, written information or materials which it considers to be confidential. The mediator
shall not, without the written authorization of that party, disclose such information or
materials to the other party.
Role of the Mediator
Article 13
(a) The mediator shall promote the settlement of the issues in dispute between the
parties in any manner that the mediator believes to be appropriate, but shall have no
authority to impose a settlement on the parties.
(b) Where the mediator believes that any issues in dispute between the parties are not
susceptible to resolution through mediation, the mediator may propose, for the
consideration of the parties, procedures or means for resolving those issues which the
mediator considers are most likely, having regard to the circumstances of the dispute and
any business relationship between the parties, to lead to the most efficient, least costly
and most productive settlement of those issues. In particular, the mediator may so
propose:
(i) an expert determination of one or more particular issues;
(ii) arbitration;
(iii) the submission of last offers of settlement by each party and, in the absence of
a settlement through mediation, arbitration conducted on the basis of those last offers
pursuant to an arbitral procedure in which the mission of the arbitral tribunal is
confined to determining which of the last offers shall prevail; or
(iv) arbitration in which the mediator will, with the express consent of the parties,
act as sole arbitrator, it being understood that the mediator may, in the arbitral
proceedings, take into account information received during the mediation.
Confidentiality
Article 14
No recording of any kind shall be made of any meetings of the parties with the
mediator.
Article 15
Each person involved in the mediation, including, in particular, the mediator, the
parties and their representatives and advisors, any independent experts and any other
persons present during the meetings of the parties with the mediator, shall respect the
confidentiality of the mediation and may not, unless otherwise agreed by the parties and
the mediator, use or disclose to any outside party any information concerning, or obtained
in the course of, the mediation. Each such person shall sign an appropriate
confidentiality undertaking prior to taking part in the mediation.
Article 16
Unless otherwise agreed by the parties, each person involved in the mediation shall, on
the termination of the mediation, return, to the party providing it, any brief, document
or other materials supplied by a party, without retaining any copy thereof. Any notes
taken by a person concerning the meetings of the parties with the mediator shall be
destroyed on the termination of the mediation.
Article 17
Unless otherwise agreed by the parties, the mediator and the parties shall not
introduce as evidence or in any manner whatsoever in any judicial or arbitration
proceeding:
(a) any views expressed or suggestions made by a party with respect to a possible
settlement of the dispute;
(b) any admissions made by a party in the course of the mediation;
(c) any proposals made or views expressed by the mediator;
(d) the fact that a party had or had not indicated willingness to accept any proposal
for settlement made by the mediator or by the other party.
Termination of the Mediation
Article 18
The mediation shall be terminated
(i) by the signing of a settlement agreement by the parties covering any or all of the
issues in dispute between the parties;
(ii) by the decision of the mediator if, in the mediator's judgment, further efforts at
mediation are unlikely to lead to a resolution of the dispute;
(iii) by a written declaration of a party at any time after attending the first meeting
of the parties with the mediator and before the signing of any settlement agreement.
Article 19
(a) Upon the termination of the mediation, the mediator shall promptly send to the
Center a notice in writing that the mediation is terminated and shall indicate the date on
which it terminated, whether or not the mediation resulted in a settlement of the dispute
and, if so, whether the settlement was full or partial. The mediator shall send to the
parties a copy of the notice so addressed to the Center.
(b) The Center shall keep the said notice of the mediator confidential and shall not,
without the written authorization of the parties, disclose either the existence or the
result of the mediation to any person.
(c) The Center may, however, include information concerning the mediation in any
aggregate statistical data that it publishes concerning its activities, provided that such
information does not reveal the identity of the parties or enable the particular
circumstances of the dispute to be identified.
Article 20
Unless required by a court of law or authorized in writing by the parties, the mediator
shall not act in any capacity whatsoever, otherwise than as a mediator, in any pending or
future proceedings, whether judicial, arbitral or otherwise, relating to the subject
matter of the dispute.
Registration Fee of the Center
Article 21
No registration fee shall be charged by the Center to any party.
Fees of the Mediator
Article 22
No mediator fee shall be charged by the Center for any Mediators whom the Center
provides for such mediation. In the event the parties choose their own mediator, the
Center takes no responsibility for any fee(s) such independent mediator may charge, if
any,
Deposits
Article 23
(a) The Center may, at the time of the appointment of the mediator, require each party
to deposit an equal amount as an advance for the costs of the mediation which shall
include, where necessary, the cost of travel and lodging of the mediator where the
mediation occurs outside Austin, Texas, photocopying, courier service, and otther clerical
costs which shall be specified in a communication to the parties
(b) The Center may require the parties to make supplementary deposits in advance of the
incurring of any additional expenses of the mediation proceeding.
(c) If a party fails, within 15 days after a second reminder in writing from the
Center, to pay the required deposit, the mediation shall be deemed to be terminated. The
Center shall, by notice in writing, inform the parties and the mediator accordingly and
indicate the date of termination.
(d) After the termination of the mediation, the Center shall render an accounting to
the parties of any deposits made and return any unexpended balance to the parties or
require the payment of any amount owing from the parties.
Costs
Article 24
Unless the parties agree otherwise, costs and other expenses of the mediation,
including, in particular, the required travel expenses of the mediator and any expenses
associated with obtaining expert advice, shall be borne in equal shares by the parties.
Exclusion of Liability
Article 25
Except in respect of deliberate wrongdoing, the mediator, RNLPCA and the Center shall
not be liable to any party for any act or omission in connection with any mediation
conducted under these Rules.
Waiver of Defamation
Article 26
The parties and, by accepting appointment, the mediator agree that any statements or
comments, whether written or oral, made or used by them or their representatives in
preparation for or in the course of the mediation shall not be relied upon to found or
maintain any action for defamation, libel, slander or any related complaint, and this
Article may be pleaded in bar to any such action.
Suspension of Running of Limitation Period
Under the Statute of Limitations
Article 27
The parties agree that, to the extent permitted by the applicable law, the running of
the limitation period under the Statute of Limitations or an equivalent law shall be
suspended in relation to the dispute that is the subject of the mediation from the date of
the commencement of the mediation until the date of the termination of the mediation.
Endnotes:
Ronald F. Youngblood, general editor; F.F. Bruce and R.K. Harrison,
consulting editors, Nelson’s new illustrated Bible dictionary: An authoritative
one-volume reference work on the Bible with full color illustrations [computer file],
electronic edition of the revised edition of Nelson’s illustrated Bible dictionary,
Logos Library System, (Nashville: Thomas Nelson) 1997, c1995.
