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- An application for appointment of a Mediator should be submitted on Form M1 together with a fee for administration of appointment.
- Upon receipt of the application for appointment of a Mediator, the Joint Dispute Resolution Committee ("the JDRC") of the Hong Kong Institute of Architects ("HKIA") and the Hong Kong Institute of Surveyors ("HKIS") shall select a suitable person according to a roster and shall propose him/her as the Mediator, having regard to:-
(a) Nature of the dispute;
(b) Suitability of the selected person;
(c) Availability of the selected person;
(d) Identity of the parties;
(e) Independence and impartiality of the selected person;
(f) Any conditions stipulated in the parties’ contract or agreement with regard to dispute resolution; and
(g) Any suggestions made by the parties themselves.
- The JDRC will seek confirmation from the selected person his/her willingness and availability to act.
- Upon receipt of the said confirmation from the proposed appointee, the parties will be informed in writing the identity of the proposed appointee.
- Parties are given one week to confirm in writing their agreement of the appointment of the proposed appointee, to make representation and/or to provide any reasonable ground of objection, to the JDRC. Any request for extension of time will be considered by the JDRC on a case by case basis.
- Upon receipt of the parties’ agreement of the proposed appointee or in the absence of response/objection from both parties, an appointment letter will be issued by the President of HKIA and President of HKIS to appoint him/her formally as the Mediator.
- If either party or both parties provide(s) ground(s) of objection, and if the JDRC considers such ground(s) is/are justified, the JDRC will either repeat the selection process set out above or will come to a decision that no Mediator should be appointed. If JDRC considers the ground(s) of objection is/are unjustified, the appointment of the selected person as the Mediator will proceed.
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