The mediation process is as detailed in the description of mediation. Pursuant to the Rule 24 of the Rules of Procedure for Christian Conciliation (Rules), the transition from mediation to arbitration begins when the parties and/or mediators determine that the remaining issues are unlikely to be resolved through further mediation. TheRules require an entirely new panel or arbitrator be appointed for the arbitration unless the parties have unanimously agreed that the mediator(s) will continue in that role.
During the pre-mediation phase, the case administrator will discuss with parties the transition process. The parties will be given the options of selecting an arbitrator prior to the start of mediation, continuing with the mediator as arbitrator, or postponing that decision until the conclusion of the mediation.
Scheduling a mediation/arbitration process is also discussed with the case administrator as part of the pre-mediation phase. Parties can elect to schedule the mediation and then, if necessary, schedule the arbitration at the conclusion of the mediation. The parties may also decide to schedule the processes to occur successively.