Rules of the Scheme
1. The scheme will be operated by the Manchester Law Society.
2. Inclusion on the panel is only open to those who:
2.1. are eligible for appointment as sole mediator by one or more of the following organisations: Academy of Experts, ADR Group, CEDR, Chartered Institute of Arbitrators, Mediation UK, Royal Institution of Chartered Surveyors;
2.2. agree to charge fees in accordance with the published fee scales;
2.3. at all times carry professional indemnity insurance in the minimum sum of £1,000,000 against acts or omissions as an ADR neutral;
2.4. agree to indemnify Manchester Law Society against any expense, liability, loss, damage, costs, claims or proceedings whatsoever arising out of or in connection with any nomination or mediation consequent on such nomination.
3. Application for inclusion should be made on the appropriate form to the Executive Director of the Manchester Law Society, The Manchester Law Society, Rational House, Bridge Street, Manchester M3 3BN. You must notify a fax number for the purpose of receipt of nominations.
4. The fee for inclusion on the Panel shall be £50.00 + vat (£58.75) per annum payable on the 1st day of November each year in order to cover administrative expenses. The fee will be invoiced pro rata should inclusion be from the joining date if this date is after November. The fee may be increased from time to time by the Manchester Law Society on giving not less than one calendar month's notice in writing after consultation with Designated Civil Judge (Manchester Central).
5. The Panel will be divided into two sections: General and Business. Members may be included in one or both sections.
6. Nominations will be made on a rota basis. A member is not bound to accept a nomination, but if the member declines or does not signify acceptance within 1 working day of the nomination having been faxed to the number notified to the Manchester Law Society, the member's name will move to the bottom of the rota for the relevant section.
7. In the event of any dispute difference or query arising between one or more litigants and a mediator appointed under the scheme as to the terms on which the mediator's appointment is to be or has been made, the matter or matters in dispute or under query shall be referred to the Executive Director of the Manchester Law Society whose decision shall be final.
8. The Executive Director shall be entitled at her sole discretion to consult one or more panel members (other than the panel member party to the dispute, difference or query), the Secretary to the Working Party which established the Scheme and/or the Designated Civil Judge (Manchester Central) before issuing her decision.
9. If the decision of the Executive Director would require the litigant or litigants who are party to the dispute difference or query to continue with the mediation on terms as to the appointment of the mediator which are unacceptable to that litigant or those litigants, the litigant(s) in question shall be entitled to withdraw from the mediation and no fee shall be payable to the mediator by any party to the mediation.
10. If the decision of the Executive Director would require a panel member to accept or continue with an appointment on terms which are unacceptable to that panel member, the member shall be entitled to withdraw provided that notice to that effect is given to the Executive Director within one working day of notification of the decision having been faxed to the number notified by the member to the Manchester Law Society pursuant to clause 6 above. In the event of such withdrawal, the appointment shall be offered to the next member on the rota and the member refusing the appointment will move to the bottom of the rota for the relevant section. No fee shall be payable to the withdrawing member.
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