LMDC PROCESS

INITIATING A PROCESS AT THE LMDC

A Matter may be initiated at the LMDC in either of three ways:

1

Walk-Ins

Any party to a dispute may initiate Mediation, Arbitration, Early Neutral Evaluation or any other ADRH service by writing to the Director of the LMDC or visiting the Centre. For Arbitration, a proof of delivery of Notice of Arbitration or a Submission Agreement is required.
2

Court Referrals

The presiding Judge in a matter already in litigation or in the course of a pre-trial conference may in appropriate circumstances refer parties to the Centre.
3

Direct Interventions:

The LMDC, in circumstances where the public interest or the interest of the disputing parties so demand, approach the parties with a view to assisting in the resolution of their dispute.

THE ADR PROCESS

The ADR Process comprises of five major stages which are:

The Initiating Stage which involves the filing of a request to initiate the ADR process along with necessary supporting documentation.

The Intake Screening Stage which involves the screening of the case of both Applicant and Respondent to determine the appropriate ADR Door.

The Pre-session Stage where the parties are acquainted with the procedure, choose a mediator/arbitrator and also commit to the process by signing the relevant confidentiality and other agreements.

The ADR Session Stage where process commences.

The Closure State, the final stage of the process where there is either a settlement, an Award or the adoption of other Hybrid Processes:

COSTS

Administrative fees

Non-refundable fees to cover logistics and administrative services

Session fees

Fees are dependent on both the value of the dispute and the dispute resolution process (Mediation, Arbitration or Early Neutral Evaluation). The specific details of these fees are contained in the LMDC fee schedule.

Cancellation/Default fee

Fees payable where an already scheduled session is cancelled by any of the parties or for failure or neglect to attend sessions.

FEE REVIEW/PRO-BONO SERVICES

In line with its policy of providing Access to Justice for all, the LMDC provides pro-bono services and may, in deserving cases, review the fees payable if the criteria stipulated by the Fee Review and Pro-Bono Committee are met by the applying Party.