How does the process start?
The mediation process begins when one of the disputing parties contacts a CAB member regarding a dispute. This can be through a phone call, an email, a face-to-face meeting or a referral from another Ismaili Institution.
If the dispute is within the scope of CAB’s services, a CAB member will contact the other party to ascertain whether the party will voluntarily submit to CAB for assistance in resolving the dispute via mediation.
If both parties agree to use CAB services, a mediator (or co-mediators) will be assigned to the case. The assigned mediator will then contact both parties and start the mediation process. Parties will submit a signed Submission Form confirming their voluntary submission to CAB and participation in mediation in good faith, along with acknowledging the ground rules of the mediation. The mediator will provide an overview of the mediation process, including the principles and ground rules of mediation. This includes the principles of confidentiality, voluntariness, impartiality and neutrality of the mediator, that the mediation is without prejudice, and that the mediation is not binding on the parties until a written settlement agreement is reached and is signed by the parties.
Reaching an Agreement
If a settlement is reached, the mediator will work with the parties to prepare a settlement agreement. The parties are advised throughout the mediation process to obtain independent legal advice prior to executing the settlement agreement.
Post Mediation Follow-Up
CAB will follow-up with both parties following the end of mediation (even if unsuccessful) to see whether the settlement terms are being adhered to and if any further assistance is needed from CAB to resolve outstanding or new issues. In addition, CAB will also obtain feedback from the parties on their level of satisfaction of the mediation process as a way of evaluating the level of CAB services.