Appendix 14: Mediation and arbitration process
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1 Mediation
1.1 Connexional Panel a Connexional panel (hereafter ‘the mediation panel’) of not less than 5 persons but not more than 9 persons must be appointed by Conference. The Conference shall establish criteria for the appointment of such persons. ii the mediation panel must serve in that capacity at the pleasure of Conference. iii there shall be a Convener of the mediation panel appointed by Conference. iv all disbursements of the panellists in the exercise of their mediatory service shall be borne by the Connexion at the rates determined by the General Treasurers from time to time.
1.2 Referral to the mediation panel and procedure
2 Arbitration
The Arbitration Act, 1965 shall apply to all arbitrations in the MCSA.
2.1 Panel i a Connexional panel (hereafter ‘the Arbitration Panel’) of not less than 3 persons and not more than 5 persons shall be appointed by Conference. The Conference shall establish criteria for the appointment of such persons. ii there shall be a Convener of this panel appointed by Conference. iii all disbursements of the panellists in the exercise of their arbitration services shall be borne by the Connexion at the rates determined by the General Treasurers from time to time.
2.2 Referral and procedure
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1 Mediation
1.1 Connexional Panel a Connexional panel (hereafter ‘the mediation panel’) of not less than 5 persons but not more than 9 persons must be appointed by Conference. The Conference shall establish criteria for the appointment of such persons. ii the mediation panel must serve in that capacity at the pleasure of Conference. iii there shall be a Convener of the mediation panel appointed by Conference. iv all disbursements of the panellists in the exercise of their mediatory service shall be borne by the Connexion at the rates determined by the General Treasurers from time to time.
1.2 Referral to the mediation panel and procedure
i Society, Circuit and District Structures are encouraged to try and resolve
disputes or conflicts internally whenever these arise
ii a matter must be referred to the mediation panel by the Presiding Bishop or the Convener of the Arbitration Panel. Once a matter has been referred to the Convener of the mediation panel, the Convener of the mediation panel, after consultation with the District Bishop, shall decide whether a dispute must be referred to the mediation panel or to a District/Circuit/ Society structure or any other forum/process for mediation. If the said Bishop is party to the dispute the Presiding Bishop must take the Bishop’s place. If the Presiding Bishop is a party to the dispute then the Secretary of Conference shall take the place of the District Bishop.
iii in the event of the Convener of the mediation panel referring the dispute to a Society/Circuit or District structure for mediation or any other process which might be called for and the matter is not resolved, the matter can thereafter once again be referred to the mediation panel for mediation.
iv the Convener of the mediation panel shall determine if a mediation requires more than one of the panellists.
v the person/s presiding over the mediation shall follow whatever procedure they deem necessary to settle the matter by mediation. Similarly they may give any directions to the parties they deem necessary.
vi at the end of the mediation the panellists/s must submit a report of the outcome of the mediation to the Convener of the mediation panel and the Bishop of the District. This must be done within 5 days of the process being completed.
vii if mediation fails the matter must be referred forthwith back to the Presiding Bishop or the Convener of the Arbitration Panel by the Convener of the Mediation Panel depending on who referred the matter to the Mediation Panel. If it is referred back to the Convener of the Arbitration Panel, then the Convener of the Arbitration Panel’s ruling at this stage, even if the matter does not go to arbitration, shall be final and binding on all members of the Church. If the matter is referred back to the Presiding Bishop, the Presiding Bishop shall decide on the future conduct of the matter which shall include, but not be limited to, referring the dispute to the Convener of the Arbitration Panel.
viii where one party refuses to be part of the mediation process or refuses to co-operate in the mediation process, the convener of the mediation panel may use such refusal as a basis for finding that the mediation process has failed and may then refer it to Arbitration.
ix the Convener of the mediation panel (and any other panellist) shall not divulge anything, which was said or done or handed in during the mediation process , to the Convener of the Arbitration Panel in the event of the matter being referred back to the said Convener.
ii a matter must be referred to the mediation panel by the Presiding Bishop or the Convener of the Arbitration Panel. Once a matter has been referred to the Convener of the mediation panel, the Convener of the mediation panel, after consultation with the District Bishop, shall decide whether a dispute must be referred to the mediation panel or to a District/Circuit/ Society structure or any other forum/process for mediation. If the said Bishop is party to the dispute the Presiding Bishop must take the Bishop’s place. If the Presiding Bishop is a party to the dispute then the Secretary of Conference shall take the place of the District Bishop.
iii in the event of the Convener of the mediation panel referring the dispute to a Society/Circuit or District structure for mediation or any other process which might be called for and the matter is not resolved, the matter can thereafter once again be referred to the mediation panel for mediation.
iv the Convener of the mediation panel shall determine if a mediation requires more than one of the panellists.
v the person/s presiding over the mediation shall follow whatever procedure they deem necessary to settle the matter by mediation. Similarly they may give any directions to the parties they deem necessary.
vi at the end of the mediation the panellists/s must submit a report of the outcome of the mediation to the Convener of the mediation panel and the Bishop of the District. This must be done within 5 days of the process being completed.
vii if mediation fails the matter must be referred forthwith back to the Presiding Bishop or the Convener of the Arbitration Panel by the Convener of the Mediation Panel depending on who referred the matter to the Mediation Panel. If it is referred back to the Convener of the Arbitration Panel, then the Convener of the Arbitration Panel’s ruling at this stage, even if the matter does not go to arbitration, shall be final and binding on all members of the Church. If the matter is referred back to the Presiding Bishop, the Presiding Bishop shall decide on the future conduct of the matter which shall include, but not be limited to, referring the dispute to the Convener of the Arbitration Panel.
viii where one party refuses to be part of the mediation process or refuses to co-operate in the mediation process, the convener of the mediation panel may use such refusal as a basis for finding that the mediation process has failed and may then refer it to Arbitration.
ix the Convener of the mediation panel (and any other panellist) shall not divulge anything, which was said or done or handed in during the mediation process , to the Convener of the Arbitration Panel in the event of the matter being referred back to the said Convener.
2 Arbitration
The Arbitration Act, 1965 shall apply to all arbitrations in the MCSA.
2.1 Panel i a Connexional panel (hereafter ‘the Arbitration Panel’) of not less than 3 persons and not more than 5 persons shall be appointed by Conference. The Conference shall establish criteria for the appointment of such persons. ii there shall be a Convener of this panel appointed by Conference. iii all disbursements of the panellists in the exercise of their arbitration services shall be borne by the Connexion at the rates determined by the General Treasurers from time to time.
2.2 Referral and procedure
i any member or minister may refer a matter to the Convener the Arbitration
Panel.
ii the Convener shall determine and clarify what the issues are from the party/ies. The Convener shall hereafter decide what the correct forum or process is for the matter. The Convener’s decision in this regard shall be binding on all members of the church. If it is not arbitration, the Convener shall direct how the matter shall be dealt with and/or refer the matter to the correct Church forum, which shall include but not be limited to mediation. If arbitration is the correct forum, the Convener shall finalise a written arbitration agreement which both parties shall sign. If either party refuses to sign the said agreement, the Convener shall have the power to sign on their behalf. If the Convener is to be the arbitrator in the particular matter, the said Convener shall designate another arbitrator to this responsibility.
iii the arbitrator shall follow whatever procedure is deemed necessary to arrive at a decision. The Convener shall have the power to make and issue directives as to the procedures to be followed at any stage of the process, inclusive of the initial referral of the matter to him/her.
iv all members of the church shall be obliged to co-operate fully with the arbitrator , including but not limited to, the giving of evidence and the production of documentary evidence.
v the disbursements of witnesses shall be covered as in 2.1 iii above where the Arbitrator deems it appropriate.
vi the arbitrator’s decision shall be final and binding on all members and structures of the church.
vii unless agreed to otherwise by the parties, the arbitrator shall submit a ruling with reasons to the Presiding Bishop and parties involved within 7 days of the completion of the arbitration hearing.
viii no legal representation shall be allowed at the arbitration.
ix the Convener shall decide whether more than one arbitrator is necessary for an arbitration.
ii the Convener shall determine and clarify what the issues are from the party/ies. The Convener shall hereafter decide what the correct forum or process is for the matter. The Convener’s decision in this regard shall be binding on all members of the church. If it is not arbitration, the Convener shall direct how the matter shall be dealt with and/or refer the matter to the correct Church forum, which shall include but not be limited to mediation. If arbitration is the correct forum, the Convener shall finalise a written arbitration agreement which both parties shall sign. If either party refuses to sign the said agreement, the Convener shall have the power to sign on their behalf. If the Convener is to be the arbitrator in the particular matter, the said Convener shall designate another arbitrator to this responsibility.
iii the arbitrator shall follow whatever procedure is deemed necessary to arrive at a decision. The Convener shall have the power to make and issue directives as to the procedures to be followed at any stage of the process, inclusive of the initial referral of the matter to him/her.
iv all members of the church shall be obliged to co-operate fully with the arbitrator , including but not limited to, the giving of evidence and the production of documentary evidence.
v the disbursements of witnesses shall be covered as in 2.1 iii above where the Arbitrator deems it appropriate.
vi the arbitrator’s decision shall be final and binding on all members and structures of the church.
vii unless agreed to otherwise by the parties, the arbitrator shall submit a ruling with reasons to the Presiding Bishop and parties involved within 7 days of the completion of the arbitration hearing.
viii no legal representation shall be allowed at the arbitration.
ix the Convener shall decide whether more than one arbitrator is necessary for an arbitration.
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