The dispute mediation process involves a move by one side or another. The first step may be the hardest, but may be the best step to take to achieve a speedy solution. The first step in dispute mediation is to decide that you wish to try it.

Commencement of the mediation takes place when one party to a Potential Mediation Agreement submits a Request for Mediation in writing to BATL. At the same time it sends a copy of the request to the other party. The Request for Mediation contains some preliminary information such as: -

• contact details of the parties involved,
• contact details of advisers,
• a brief outline of the dispute.

BATL then notifies the parties the commencement date of the dispute mediation process, and appoints a BATL^® mediator.

The BATL^® dispute mediator must be neutral, impartial and independent.

The BATL^® dispute mediation process takes place according to BATL^®'s MEDIATION RULES, a copy of which is provided to the parties.

The BATL Dispute Mediator decides how to conduct the mediation process, under the dispute mediation rules.

The parties co-operate in good faith to expedite the process.

The Mediator can meet the parties separately, or together as appropriate. Where confidential information is provided by one party, this may not be disclosed to the other party, without consent.

The BATL Mediator then provides a timetable to the parties to progress the dispute mediation.

Confidentiality is important in such mediation, and because it may play a key role, the Mediation Rules could include :-

• no recording of notes at multi-party meetings,
• agree to no-disclosure of dispute mediation proposals,
• any suggestions of the dispute mediator or parties shall not constitute evidence,
• exclusion of liability between the parties,
• waiver of defamation,
• suggesting solutions to disagreements,
• deadlock-break arrangements, and
• building points leading to consensus.

Unless the parties agree otherwise, the costs shall be borne equally by both sides. An administration fee shall apply based on BATL's schedule of fees at the date of commencement of the dispute mediation. The administration fee shall not be refundable.

A deposit of equal amount for both sides shall be required in advance towards the cost of the dispute mediation. Additional deposits may be required. If one party does not contribute the amount requested by BATL within 14 days, the Dispute Mediation shall be terminated. Following termination, BATL shall refund the unexpended portion, if any, of the deposits to the relevant parties.