Schedule 1
Form 1 (Rule 7 (2))
The __________________________ court at ___________________________Plaintiff/ApplicantVersusDefendant/RespondentMediation No_______(Arising out of ________________________)Notice of commencement of mediation sessions
To: ____________________________NOTICE IS GIVEN that the above cause has been scheduled for mediation and the mediation sessions shall commence on the ______________ day of ____________________ 20____ at ____ O'clock.Signed and sealed by me this ____________________ day of ___________________ 20________________________Registrar/MagistrateForm 2 (Rule 14 (3) and (4))
The __________________________ Court ___________________________Plaintiff/ApplicantVersusDefendant/RespondentMediation No_______(Arising out of ________________________)Certificate of non attendance
This document is not part of the Court record.It is not to be filed with CourtIt shall only be filed in court to recover adjournment costs imposed by a neutral personTo:The Registrar,I, (name of mediator) certify that this Certificate of Non-Attendance is filed because __________________ (name of party) failed to attend a scheduled mediation session on the _________________ day of ______________ 20___Hence ________________________ [Name of party] is hereby directed to pay the adjournment costs five currency points on the _____________ day of _____________ 20___DATED AT ____________ this _______________ day of ______________________ 20___Respectfully submitted by: ______________________________(Name, address, telephone number and fax number, if any, of the Mediator)_________________________MediatorForm 3 (Rule 15(2))
The ___________________________ Court of Uganda at _______________________Report of Mediator
Case file No: ________________________Mediation cause file No: ________________________Name of Plaintiff: _______________________________________Name of Defendant: ______________________________________Name of Judge: _____________________________________Name of advocate for Plaintiff: ______________________________________Name of advocate for Defendant: ______________________________________Pursuant to Rule 4 (1) of these Rules; parties were referred to me for mediation.The mediation was conducted which resulted in the following:| |
|
|
|---|
| First hearing |
Subsequent hearing |
Other remarks |
Therefore this file is: (a) closed (b) closed as to the settled areas and returned for Scheduling Conference as to the unsettled areas (c) Returned for Scheduling Conference (Tick whichever is appropriate)Dated this ___________________ day of ____________ 20____________________________Mediator
Schedule 2 (Rule 19)
Guidelines for mediators
1. Purpose
The purpose of these guidelines for mediators is—(a)to provide an ethical guide for the actions, behaviour and decisions of mediators;(b)to provide guiding principles for the conduct of mediation; and(c)to promote confidence in mediation as a process for resolving disputes.2. Guiding principles for mediators
A mediator shall strive to facilitate and control the process of mediation while encouraging and assisting the parties—(a)to reach a settlement;(b)to appreciate the mediation process;(c)to understand the rules to be followed during the mediation process;(d)to understand the role of the mediator, the parties and others who attend mediation;(e)to actively participate in the mediation process;(f)to clarify and define the issues to be mediated;(g)to determine whether and how to resolve their dispute;(h)to identify what information and documents would help to resolve the dispute and how best such documents can be obtained;(i)to communicate and negotiate fairly and in good faith all the parties to the mediation;(j)to convey their interests to one another and explore possible settlement options;(k)to consider the risks and the strengths and weaknesses of their case;(l)to reach an informed decision about the dispute;(m)to produce a written report on the outcome of the mediation session; and(n)to prepare or assist in the preparation of an agreement where the parties have settled the dispute.3. Fairness and impartiality of mediator
(1)The mediator must endeavour to act fairly towards the parties in the mediation.(2)A mediator must be impartial and must not have any bias in favour of any party or discriminate against any party.(3)Where the mediator believes that one party is abusing the mediation process or that there is a power imbalance which may affect the possibility of a mutually acceptable resolution, it is the mediator’s responsibility to try and balance the power and ensure that the process is conducted fairly.4. Conflict of interest
(1)A mediator shall disclose to the parties to the mediation any matter which could be regarded as a conflict of interest.(2)The mediator shall disclose the conflict of interest as soon as the conflict of interest arises which could be prior to or during the mediation.(3)A conflict of interest may be apparent, potential or actual.(4)A mediator shall not act or continue to act in mediation where he or she has a conflict of interest unless all the parties specifically acknowledge the disclosure and agree in writing to the mediator acting or continuing to act as mediator.5. Separation of mediation from legal advice and counseling
A mediator must refrain from giving legal advice or counseling during the mediation process.6. Behavior of mediator
(1)A mediator shall always conduct himself or herself in a manner so as to reflect credit to the court.(2)Without limiting the generality of subrule (1) a mediator must—(a)act within the law and uphold the law;(b)act honestly, professionally and with integrity;(c)not abuse his or her position or connection with the court;(d)conduct himself or herself in a manner that promotes diligence, timeliness and mutual respect among the participants;(e)respect the parties during mediation;(f)present himself or herself in appropriate formal attire;(g)not act outside his or her level of competence;(h)maintain his or her professional competence and skill by continuing to educate themselves on the mediation process; and(i)avoid any appearance of disagreement with or criticism of a fellow mediator to the public.