East African Community Court of Justice
Rules of Procedure, 2019.
FIFTH SCHEDULE
GUIDELINES FOR MEDIATION
(Rule 64(2))
1.
A mediation session shall take place as directed by the mediator
under Rule 64.
2.
(1)
At least seven (7) days before the mediation session, every
party shall prepare a statement and provide a copy thereof
to every other party and to the mediator.
(2)
The statement shall identify the factual and legal issues in
dispute and briefly set out the position and interests of the
party making the statement,
(3) The party making the statement shall attach to it any
document that the party considers of central importance to
the action.
(4) The mediator shall have power to enlarge the time under
paragraph 2 (1) hereof and subject to the provisions of Rule
64 (3), may from time to time adjourn mediation proceedings.
(5) Each party or its representative responsible for making
decisions regarding proceedings shall attend the mediation
session either personally or with its advocate, if any.
3.
All communications at a mediation session and the mediator’s
notes and records shall be deemed to be without prejudice.
4.
The parties or their representatives shall sign an agreement of
confidentiality in accordance with form A to this Schedule.
5.
(1)
If the agreement settles the case or resolves some of the
issues in dispute, the parties and their advocates shall sign
the agreement and the Judge mediator shall make an order
that the case or the issues as the case may be have been so
settled or resolved.
(2)
Where the mediator orders that the case has been settled,
the order is as good as a Court decree.
(3)
In the event the mediation leads to a partial settlement an
order will be drawn accordingly and the unresolved issues
will go for trial.
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