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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").
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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.
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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.
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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.
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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.
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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.
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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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