The mediation process as conducted by Compleat Consultants Africa shall adhere to the following values and rules of ethical conduct and procedure:

INTRODUCTION

The Mediator must ensure prior to commencing or during their introduction to the mediation that the parties have understood and expressly accepted:

• The objectives and nature of the mediation procedure.
• The respective roles of the Mediator and parties
• The obligation of confidentiality by the Mediator and all parties in the room.
• Confirmation that the parties have authority to settle all the issues in the matter at hand.
• Reaffirm that each party recognises that they are responsible for arriving at any settlement.
• Set out the accepted behaviour and conduct, affirm to respect the directions of the Mediator and agree that no violence of any kind would be permitted.
• Make sure the parties understand that the process is purely voluntary and parties may leave at any time without having to give a reason.
• That the Mediator is a neutral who is non-judgemental, impartial and independent
• That the entire proceedings are non-binding until settlement is agreed and then only binding once the terms have been reduced into writing and signed by all the parties, thereafier it is a binding contract between the partis.
• That no evidence may be adduced to what is stated or discussed in the mediation in any other forum whatsoever, unless such information can be proven to have been obtained by another manner or have already been within the knowledge of the producing party prior to the mediation having taken place.

This understanding must be summarised in writing and signed by all participants in the mediation prior to commencement.

A Mediator will inform and explain in the introductory statement their impartiality, independence and neutrality.

• Independence means absence of any link (personal or professional relations) between a Mediator, the parties, their consultants and their family members.
• Impartiality means a Mediator's attitude cannot give preference to a party to the detriment of another party.
• Neutrality refers to the Mediator's position, which cannot have a direct financial or other interest in the mediation outcome.

In addition:

• a Mediator should remain impartial throughout the course of the mediation.
• a Mediator shall commit to communicate any circumstance liable to affect their independence and impartiality or that reasonably could lead a party to question the Mediator's impartiality.
• a Mediator shall have the obligation to refuse an appointment or interrupt their activities if any element impairing an impartial and/or neutral attitude arises
• a Mediator should be aware of and avoid the potential for bias based on the parties' backgrounds, personal attributes, or conduct during the session.
• a Mediator should have no preference based on any preexisting knowledge of, or opinion about, the merits of the dispute being mediated.
• a Mediator should withdraw if an apparent conflict of interest exists that casts serious doubt on the integrity of the process

COMPETENCE:

A Mediator must be properly trained and stay up to date with developments in mediation techniques and settlements of conflicts.

A Mediator must prepare before the mediation session by reviewing any statements or documents submitted by the partes.

A Mediator should refuse to serve or withdraw from the mediation if the Mediator becomes physically or mentally unable to meet the reasonable expectations of the parties.

A Mediator shall refuse an appointment if they believe they are not qualified or capable of conducting a mediation.

CONFIDENTIALITY:

It is crucial that the Mediator and all parties have a clear understanding as to confidentiality before the mediation begins.

A Mediator shall not disclose confidential information without permission of all parties or unless required by force of law.

A Mediator shall treat as confidential any information arising within or from a mediation or that comes into their knowledge because of the Mediator being associated with the parties or the mediation.

Any information provided to the Mediator by one of the parties and stated as confidential shall not be disclosed to the other parties without consent of the divulging party.

A Mediator must not use confidential information acquired during the mediation for personal advantage or advantage for others, or to affect adversely the interests of the parties or any other person.

If the mediation is being conducted under rules or laws that require disclosure of certain information, a Mediator should so notify the parties prior to beginning the mediation session or immediately it becomes apparent to the Mediator that such an occasion has arisen.

A Mediator's notes, the parties’ submissions and other documents containing confidential or otherwise sensitive information will be destroyed immediately after the mediation except for information sufficient for identifying that a mediation took place and a record of the settlement if it was executed by all parties.

PROCEDURE:

A Mediator shall perform their task with due diligence, independent of the value and type of claim, number of meetings and remuneration.

A Mediator must be satisfied that the parties have deliberated all aspects, considered and understood the terms and implications of any settlement

The Mediator should, if appropriate, advise the parties to seck legal or other specialised advice.

Mediator does not use their role and perceived influence to manipulate or to direct others towards any particular outcome.

The Mediator may outline options that are available but it is incumbent upon the parties to adopt or reject such options.

The parties may withdraw from the mediation at any time without giving any justification and the Mediator should act and conduct the process in ways that maximize its voluntary nature

Parties usually arrive to the mediation process willingly however, a Mediator may perceive that a party is being pressured to participate. Then a Mediator should explain clearly to all parties that voluntary participation is key to the process and they can elect whether the mediation process should proceed. The Mediator must strive to ensure that the concerns of the reluctant party regarding in the voluntary nature and their understanding of the process of mediation are fully explained and addressed.

Courtordered mediation often carries in the mind of the participant a perception that they are required to participate AND to execute a a settlement. The Mediator must ensure that the parties are made aware that the process is voluntary and a settlement can be reached only if it is to the satisfaction of all parties

A Mediator should endeavour to provide a equitable process in which each party is given the opportunity to participate.

VALUES:

A Mediator shall not put any pressure on the parties to settle or concede any point.

Mediators have no authority to make decisions, and they must be clear on this issue in their dealings with clients

The Mediator facilitates engagement between the parties, assists the parties to understand the issues and helps them determine a plan of action.

Mediators understand at all times that authority to choose a course of action rests on the parties

Any attempts to force decisions, or to push for a certain course of action, are ethically unacceptable for a professional Mediator.

Honesty is vital to mediation. Mediators have an obligation to inform the parties of their professional background and how payments will be determined.

Mediators should disclose up front all information about the mediation process and its implications, as well as anything that might compromise the parties’ willingness to continue the process.

Honesty about their perspective on the case, their understanding of the law and any relevant information is vital to ensure that the parties are able to independently make their own informed decisions.

Honesty means providing additional relevant information that the parties may be unaware of which in the considered view of the Mediator which would be an impediment to compliance with any possible future settlement.

A Mediator will treat all parties with equal respect irrespective of their gender, age, means or stature in society.

A Mediator respects the specific traditions, ways of life, cultural norms and culture of the parties and secks to give effect to their wishes. BUT, the only exceptions are where, in the view of the Mediator, a community specific norm or custom is not legal or compatible with the principles of human self determination, dignity and/or seeks to place a minor or other disadvantaged person in circumstances where their rights are contravened.

Whenever a party is given a priority or precedence on a matter, the reason has to be explained clearly for all parties and agreed to by the other parties.

A Mediator cannot mediate where relatives of the Mediator or other persons close to the Mediator are involved, external support for conducting the mediation should be requested.

GENERAL:

Suspension Of Limitation Periods:

The Parties expressly agree that the running of the limitation period regarding the claim that is the subject matter of the mediation shall be suspended or interrupted as of when, after the dispute has arisen, the parties agree to use mediation.

Where the mediation has ended without a settlement agreement, the limitation period resumes running from the time the mediation ended without a settlement agreement, counting from the day succeeding a declaration of any of the parties or of the Mediator that the mediation is terminated.

A Mediator should inform all new parties of any previous mediations conducted by the Mediator with any of the current parties and receive consent or written waiver by all parties to the mediation if they are to proceed.

Conducting a mediation between parties precludes the Mediator from serving in another dispute resolution process with any of identical or similar parties.

A Mediator should exercise caution in accepting items of value, including gifts, services or payments for snacks or meals, from a party, insurer or counsel to a mediation prior to, during, or after a mediation, particularly if the items are accepted at such a time and in such a manner as to cast doubt on the integrity of the mediation process. This does not preclude an exgratia payment made by any party after the conclusion of the mediation which is disclosed to all parties.

A Mediator should also avoid conflicts of interest in recommending the services of another dispute resolution professional, they may provide a list of suitable professionals of five or more in number whom the Mediator holds in high esteem and advise the parties of their suitability. If a Mediator is unable to make a personal recommendation without creating a potential or actual conflict of interest, the Mediator should so advise the parties and refer them to a professional referral service or association.

Legal Advice or Representation:

A Mediator should ensure that the parties understand that the Mediator's role is that of a neutral facilitator, and ensure that the parties understand that the Mediator is not acting as a legal representative for any party.

A Mediator should never offer legal advice to a party or offer general guidance of a party's position or of the likely outcome in court or arbitration proceedings.

A Mediator may indicate the complexity or difficulty, time and resources required to proceed with alternatives to mediation.

A Mediator will not volunteer any recommendations with regard to settlement.

A Mediator should be particularly sensitive to role differences, therefore if any party is unrepresented by counsel at the mediation, the Mediator should explain carefully the role of such counsel as being advisory and not a decision maker and obtain express consent from the unrepresented party(tis) that they are comfortable proceeding with the mediation.

A Mediator should ensure that any advertising or other marketing conducted on the Mediator's behalf is truthful. A Mediator should not guarantee results, especially if such guarantee could be perceived as favouring one type of disputant or industry over another.

A Mediator may advertise the Mediator's qualifications and availability to mediate, but not solicit a specific case to mediate

If a party and the Mediator cannot agree on the Mediator's fee, the Mediator should decline to serve so that the parties may obtain another Mediator.

A Mediator should not permit recordings or transcripts to be made of any of the mediation proceedings.

A Mediator should maintain confidentiality in the storage and disposal of records and render anonymous all identifying information when materials are used for research, educational or other informational purposes.

The Mediators and staff, partners or affiliated Mediators cannot perform other dispute resolution services for any of the parties before the end of the dispute or within twelve (12) months afier its conclusion. Nothing hereby prevents the same parties returning to the same mediator to conduct a mediation on an additional, separate or related matter.

Mediators may not offer mediation services mixed or in conjunction with any other professional or commercial activities unrelated to dispute resolution.

Mediators may schedule and agree with the parties on a follow up mediation or briefing session where the parties feel that it may be advantageous at such rate and time and place as the parties may agree, this may be an informal proceeding and not confined within the mediation rules and procedures.

The Mediator needs to create and maintain strong collaboration with other justice professionals (advocates, judges, health professionals, social workers, teachers, etc.) in order to enhance their performance.

>Mediators will support each other in their work and all Mediators should utilise opportunities available to them for exchanging experiences and for sharing successful solutions and other useful information.

A Mediator should promote their practice, in a professional, truthful and dignified way.

A Mediator should promote the advancement of mediation by providing and supporting efforts to educate the public and members of other professions, and by encouraging and participating in research and publication of accurate information about mediation.

TERMINATION OR CONCLUSION:

Any of the parties may withdraw from the mediation at any time without giving any reason.

A Mediator must be satisfied that the parties have considered and understood the terms of any settlement, and should, if appropriate, advise the parties to seek legal or other specialized advice.

If the Mediator perceives that a party is unable to give informed consent to participation in the process or to the terms of settlement, the process should not continue until the Mediator is satisfied that such informed consent has been obtained from the party or the party's duly authorized representative.

1f a Mediator is of the opinion that any party is under duress to accede to any settlement the Mediator may after consultation with the party privately, declare that the Mediation is unable to proceed without giving any specific reason which may put any party in jeopardy.

A Mediator should withdraw from the process if the mediation is being used to further engage in illegal conduct.

A Mediator should be aware of the potential need to withdraw from the case if procedural or substantive unfairness appears to have undermined the integrity of the mediation process.

A Mediator should postpone, recess, or terminate the mediation process if it the Mediator believes that the current continuation of the process is not going to lead to any progress.

A Mediator must terminate the mediation if a party has indicated in private or joint session any information that would negate any possible settlement.

The settlement agreement is considered as a binding contract in accordance with applicable law.

If an settlement is reached during the mediation, i is reduced to writing and signed by all the parties. The parties are responsible for the content of the agreement, the Mediator may, with the consent of the parties, assist in the composition of the settlement or agreement.

Upon request of the partis, a settlement agreement reached as a result of a mediation can be elaborated upon in a judgment, ruling, decision, authentic instrument or any other form that renders the agreement enforceable under law, provided that such instrument does not contravene the terms or intention of the settlement agreement but seeks to elaborate and codify such settlement agreement. Such further document wil be prepared using professional assistance by the parties of their own volition!

COMPLAINTS AND DISCIPLINARY MECHANISM:

The Mediators have established an external complaints and disciplinary mechanism in the form of an affiliation to a professional body known as Strathmore Dispute Resolution Centre whose contacts are:

Telephone: +254 (0) 703 034 601 & +254 (0) 703 034 604

Email: sdrc@strathmore.edu

Any dispute or complaint that any client or member of the public may have regarding a Mediator or administration of the mediation process with Compleat Consultants Africa may be referred to Strathmore Dispute Resolution Centre to arrive at an speedy and amicable resolution or in instances of fault exercise their disciplinary powers. A Mediator does, du to their profession, subscribe primarily to amicable dispute settlement in their own matters through negotiation and mediation.

The above rules and guidance are intentionally not numbered as each separate component is important to the successful outcome of a mediation and no specific rule or guidance should take precedence over any other! Mediation is a fluid creative process and any omission or addition may be, at the final discretion of the Mediator varied or altered to enhance the opportunities of achieving a favourable outcome.

CONSULTATION: A flat fee of Kenya Shillings five thousand (KES 5,000.00) will be charged for an initial one-hour pre-mediation consultation, this fee will also cover (at the option of the initiator) an exploratory meeting with the other party to explain and explore the option of mediation.

MEDIATION FEES: The Mediators fees per mediation is the sum of Kenya Shillings one hundred thousand (KES 100,000.00) (exclusive of government levies) per Mediation. These charges will be shared equally by the parties.

This covers the introductory calls/meetings where individual parties are able to confidentially brief the Mediator, The Mediators review of the introductory submissions, scheduling, communication and arranging for the mediation.

The Mediation will be scheduled from 8.30 AM to 5.30 PM, additional late fee charges for extensions past 5.30 PM are one tenth (10%) of the mediation charge per hour or part thereof. These charges are similarly shared equally by the parties. Mediators fees will always be paid at the time of booking or at the time of agreement on extension, no Mediation will be confirmed, scheduled or extended until payment in full is received.

VENUE COSTS: The costs of the venue will include a conference room and/or a meeting room; supplied with drinking water, morning and afternoon tea, cocoa and coffee; lunch will also be available with each party paying for their attendees. We will inform you of the venue costs at the time of booking the venue. Payment will be settled together with the Mediators fees. Failure to make payment for the venue in line with their booking policy will result in the Mediation being considered as cancelled.

ADJOURNMENT POLICY: In the event that a party is unable to attend on the date scheduled for the Mediation it is important that they make the effort to notify all parties as soon as possible, if the request for adjournment is made seven (7) days or more in advance the notifying party will pay a Mediators rescheduling fee of Kenya Shillings ten thousand (KES 10,000.00) to the mediator and pay any charges levied by the venue for such re-booking. If the postponement is within seven (7) days then the notifying party shall forfeit their portion of the mediators fees and responsible for any venue costs

CANCELLATION: If a party cancels the Mediation at any time after payment by both parties all Mediators fees are forfeit and the venue costs are subject to the venues cancellation and costs refund policies. Non-appearance on the due date will be treated as a cancellation.