The Meaning and Process
  • Mediation has been the preferred choice nowadays to settle business disputes due to its straight forward and simple procedure resulting in the final and binding resolution to be endorsed by the court of law.

  • The benefit of mediation is that its process is simple, informal, efficient, time effective, cost efficient and the whole process is conducted in closed sessions. Since the parties are mediated in an efficient and simple process, they continue to undertake their business relationship as usual.
  • The parties and the mediators work together to find the best solution to the dispute. In this process the role of mediators is to mediate the disputing parties in an amicable and conducive environment.
  • The mediators study the dispute on the basis of evidences received from both sides and offer the best solution to settle the dispute.
  • The mediators propose the most amicable and justified solution to be accepted by both disputing parties as their decision to be kept and implemented personally and unpublished.
  • Should mediation fail BAMI will advise the disputing parties to settle their dispute through an ad hoc arbitration. In this case, BAMI will provide the list of arbitrators who may assist the disputing parties to settle their disputes.
  • The decision of the ad hoc arbitrators is final and binding to both the disputing parties and such decision could only be nullified due to reasons as specified by Article 70 of Law No. 30 Yeas 1999.