(3) When is it appropriate for you to use the “Mediation Process”? A Mediation Procedure can be effective at almost any point in the life of a dispute. The scheme established by the EACJ is triggered when a dispute first arises or even before a lawsuit has been filed. This stage is called “Pre-trial Proceedings”. (4) How does the Mediation Scheme of the EACJ work? Within 14 days of closing the parties’ pleadings, the First Instance Division holds a scheduling conference called by the Principal Judge in order to determine: x x x x x x points of agreement and disagreement between the Parties; the possibility of mediation, conciliation or any other form of settlement; whether evidence is to be oral or by affidavit; whether legal argument shall be written or oral, or both; the estimated length of the hearing; any other matters the Division deems necessary – [Rule 53]. (5) If the case has good potential for settlement, the Division shall direct that the case proceeds to Mediation or other form of settlement. Mediation (or other form of settlement) is completed within 21 days after its initiation. However, the judge may extend that time for a period not exceeding 15 days on application by the parties, showing sufficient reason for the extension [Rule 54(2)]. Where mediation succeeds, the Court records the settlement order; and the trial or dispute terminates [Rule 54(2)]. Where mediation fails, the matter proceeds to trial [Rule 54(3)]. (6) How should you act and what should you do during a Mediation Procedure? Consistent with the law, the EACJ has established guidelines for supporting you and your lawyer to follow the mediation procedure [Fifth Schedule of the Court’s Rules]. These are as follows: x A mediation session takes place as directed by the management Judge at the scheduling conference under Rule 54 of the Court Rules of Procedure. x At least 7 days before the mediation session every party, prepares a statement and provides a copy to every other party and to the Judge mediator. In this way everyone involved in the legal problem knows in advance what is going to be discussed in the session and what the positions and queries of the parties are. Those statements identify the issues in dispute. They also briefly set out the positions and interests of the parties making the statements, so that the complaint 23