Dispute resolution

WLS Mediation Rules

Reproduced in full as they were settled by Advocate Raynos Gumbo. Mediation runs for twenty one days. Rule 4.3 sends what is left of the dispute to arbitration under the chamber's rules.

A mediation that does not settle within 21 days is referred to compulsory arbitration under the WLS arbitration rules

General

WLS provides a fast, reliable and affordable system of dispute resolution. The goal is to resolve commercial disputes at the shortest possible time without going to court.

Scope of Disputes

These Rules are of application to disputes that arise from

2.1
Landlord and tenant relationship.
2.2
Agent- client relationship.
2.3
Vendor client relationship.
2.4
Buyer- seller relationship.
2.5
Commercial disputes in general.
2.6
Any other disputes where parties agree to submit to mediation.

Commencement of mediation

3.1
Any party files a request for mediation through the WLS approval form.
3.2
The filing fee is US$50-00.
3.3
Claimant uploads all documents to be used as evidence in the mediation process.
3.4
The respondent replies within 7 working days after being served with the claim and also pays US$50 platform fees.
3.5
Both parties must be WLS verified members.

The mediation process

WLS will recommend a verified mediator for appointment, to mediate over the matter and both parties have to approve within 3 working days.

4.1
The mediation process will be 100% online unless otherwise parties are in the same geographical area.
4.2
The mediation process must be completed within 21 days unless WLS approves an extension of the rime period.
4.3
After the mandatory 21 days a dispute shall be referred to compulsory arbitration to be regulated by the WLS arbitration Rules.
4.4
All information exchanged either in writing or verbally during mediation is highly confidential and may not be published by any party in any form to the public.

Settlement

5.1
If parties reach a settlement the arbitrator shall immediately produce, a clear and enforceable deed of settlement to be delivered to the parties and or their representatives physically or electronically whichever method shall be practical and convenient.
5.2
A copy of the deed of settlement shall be filed with WLS within 24 hours from the date of the settlement.
5.3
If any funds are kept in Trust by WLS, they will be released in terms of the terms agreed in the deed of settlement.
5.4
Breach of settlement shall be escalated to arbitration for enforcement or the deed of settlement may be used as evidence in a court of law.

Fees

6.1
The mediator may charge a flat fee or an hourly rate to be agreed with the parties and approved by WLS for standardization purposes.

Records

7.1
WLS shall keep records of all cases mediated through this platform as precedents and general reference purposes.
7.2
WLS shall keep a separate case number for each case handled through this platform.