How is the Dispute Settlement Center for investors' cases managed?
In the Center, mediators as well as the center staff, actively manage cases so that they are quickly and efficiently resolved. All parties are expected to assist in bringing about this result.
If you are a party to a dispute, you should expect that in the early stage of your dispute the center staff will consider whether alternative dispute resolution (mediation) is likely to assist.
What is mediation?
Mediation is a structured negotiation process in which an independent person known as a mediator assists the parties to identify and asses options and negotiate an agreement to resolve their dispute.
The Mediator is not an alternative to the judge (will not impose a decision on the parties).
What cases are suitable for mediation?
All cases, regardless of their complexity or number of parties are eligible to be referred to mediation.
The types of matters commonly mediated in the mediation center include matters of corporation law intellectual property.
* Construction dispute, industrial dispute and family business dispute .
IN each and every type of these disputes you may encounter the following:
*Disputes among board directors (investment decisions related party transactions).
*Rights of minority shareholders.
*Merger and acquisition decisions nomination of directors and officers, financial restructuring.
*Remuneration of directors
*Approval of annual accounts and financial statements.
Some factors about your dispute may indicate that it is particularly suited to mediation such as:
- A willingness to participate in mediation
- The possibility that a court decision will not end the dispute
- Parties need to peruse their relationship
- The potential for a negotiated outcome that better suits the needs and interests of the parties than a judge's decision.
Why mediate ?
Mediation offers many benefits over trial by a judge, including cost:
If a dispute can be resolved through mediation, the cost of preparing and running a trial can be avoided.
Additionally, after a trial, the unsuccessful party may be ordered to pay the legal costs of the successful party.
Time: normally a dispute can be resolved more quickly through mediation than through court.
mediation offers parties more control over the outcome.
Moreover, a mediation process which is customized to your needs can be arranged with the mediator.
mediation is less formal and less intimidating than appearing in court.
the judge is not informed of all contents of the mediation Furthermore, all used documents in mediation sessions can't be used against any party in trial. Because the parties decided and agreed on the outcome of their dispute, they are more likely to be satisfied with the result and to comply with what has been agreed on.
The parties are in ultimate control of any decision to resolve this dispute.
Who will be the mediator?
The mediator will be registrar of the center roster; this means that those who mediate have been accredited as having certain qualifications, skills, knowledge and experience.
Mediators are also required to undertake ongoing professional development of their mediation skills.
Who attends mediation?
The concerned parties, the lawyers (if needed) and whoever the parties decide should attend.
It is essential that people who attend the mediation should have sufficient knowledge of the relevant issue in dispute and the authority to make decisions about how it might settle after the mediation.
If attending on behalf of an organization, the centre requires the attendee to be an authorized officer who is able to make a decision about how the dispute might be settled and to enter into an agreement on behalf of the organization.
If you are legally represented you may ask to bring someone for support.
Interpreters for mediation session:
If parties need an interpreter to understand what is being said at session, they can arrange for any interpreter. However ,Interpreters must keep confidentiality.
How do I prepare for mediation?
You can improve the quality of your mediation by considering:
- What issues are in dispute, including the facts and sources of conflict?
- What you would say at the start of the mediation to assist in resolving the dispute?
- How to present information both to the mediator and the other party.
- The best way to communicate without stress.
- What are the main points to you in any resolution of your dispute?
- What are your interests that you want to pursue?
- The cost that can be decreased while resolving the dispute
What happens at mediation?
The mediator meets with the parties jointly and separately .However, before commencing mediation, the mediator will explain what mediation is to parties with an explanation of the process. This introduction will be followed by a discussion about the background of the dispute.
Afterwards, the Mediator may assist negotiation by asking questions in order to find potential solutions.
What are the possible outcomes of mediation ?
The case may be settled fully or partially or parties may not be able to reach agreement. All parties have to record all the details of the agreement and sign it.
How much does mediation cost?
The party requesting mediation shall pay to the treasury of GAFI 3000 Egyptian pounds as administrative fees.
If the invitation to mediation was rejected or the parties couldn't agree on a selection of a mediator, fees will be refunded.
Any participant in mediation is welcome to provide feedback on their experience whether it was good or not.
This can be done in person or over the telephone, in writing or electronically.