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Standard Practice of Participating Service Providers
Where not all the parties to a case have agreed to proceed to mediation, the Joint Mediation Helpline Office ("the JMHO") will endeavour to make contact, on the behalf of the parties requesting mediation, to explain the mediation process at the JMHO and to discuss the feasibility of mediation. Once all parties show interest or agreement to mediate at the JMHO, the JMHO shall pass on and transmit the case documents to the designated Participating Service Provider ("the PSP").
The PSP shall contact the parties within 1 working day of receipt of the case documents from the JMHO, with a view to assisting parties to select the Mediator within five(5) working days. Where parties failed to agree on the choice of Mediator, the PSP designated by the JMHO may nominate a Mediator for the parties' consideration. Prior to the appointment of the Mediator being finalised, unless otherwise agreed, the PSP shall allow three(3) working days for the parties to comment on the appointment of the Mediator.
Once the choice of Mediator is agreed or the Mediator is appointed, the Mediator shall intake the case and secures informed consent from the parties to mediate. If the parties so decide, the Mediator and the parties shall sign an Agreement to Mediate on terms to be agreed by the parties and the Mediator.
The PSP shall follow and comply with the JMHO Procedural Flowchart when handling the case referred to it from the JMHO. The PSP is required to standardise communications with the parties drawn up with reference to the suggested content for letters and forms adopted by the JMHO from time to time as provided by the JMHO. The PSP shall provide update to the JMHO in the prescribed manner, frequency and format without divulging confidential information of the parties.
For each case referred from the JMHO, a Mediator shall be arranged for the parties in accordance with the Participating Service Provider Standard Practice. If for any reason there is no mediator available, within five(5) working days of the date when the case documents are transmitted to the JMHO, the parties must be informed and the referral must be returned to the JMHO. In such circumstances, the JMHO shall then refer and allocate the case to the next available PSP.
While the venue costs involved in the mediation are to be paid by the parties, where requested by the parties, the PSP shall endeavour to assist the parties to arrange for the venue for the mediation.
Where a compliant arises from any case that has been referred to a PSP, the PSP shall be responsible for handling the complaint and shall, in doing so, comply with the Participating Service Provider Complaint Procedure, whether the Mediation has gone ahead or otherwise. The PSP and the appointed Mediator shall endeavour to secure the parties' satisfaction in the services.
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