states the parties’ version of the facts, the legal theory under which the case is
brought, and the damages or other relief sought. The other party could also ask to
dismiss the complaint.
The Party making the statement attaches to it any documents that he considers to be
central to the action. In this way, the party supports the complaint with documents (if
they exist).
The Judge mediator has the power to enlarge the time; and, to adjourn the mediation
proceedings from time to time.
Each party or its representative (responsible for making decisions) must attend the
mediation session personally with its advocate; if any.
All communications at a mediation session and the mediator’s notes and records are
deemed to be “without prejudice” ─ i.e. will not affect (or even be used in) any
subsequent litigation if the current mediation fails. The parties or their
representatives sign an agreement of confidentiality using Form A of the Fifth
Schedule to the Court’s Rules.
If the agreement settles the case or resolves some of the issues in dispute, the
parties and their Advocates sign the agreement and the Judge mediator makes an
order that the dispute or the issues as the case may be, have been so settled or
resolved.
The order of the Judge Mediator is equivalent to a Court Decree. If the mediation
leads to a partial settlement, an order will be drawn accordingly and the unresolved
issues will go to trial.
33. Presentation of Complaints Concerning EACJ Services
Any person not satisfied with the services of the East African Court of Justice, has a
right to complain. In this regard, you should be aware that:
x
x
x
the Judges [and the Registrar] of the Court observe a professional code
known as The Judicial Code of Conduct. It is the responsibility of every
Judge [and Registrar] to ensure they follow principles of independence,
impartiality, propriety, integrity and equality.
If you are aggrieved with the judgement, order or decision of a single Judge or
of the Court, you can seek a review by the same Judge or Court; or you may
appeal to the Appellate Division of the Court, as the case may be;
If you are otherwise dissatisfied with some other aspect of the Court’s
services you may complain:
-
to the Registrar, where the complaint concerns the Registry or any staff
of the Court;
to the Principal Judge (or Deputy Principal Judge), where the matter is
specific to the First Instance Division; or
to the President (or Vice President), where the complaint is either
specific to the Appellate Division; or is general to the Court as a whole.
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