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Guidelines for Dispute Resolution - Nigerian Communications ...

Guidelines for Dispute Resolution - Nigerian Communications ...

CHAPTER 3NIGERIAN

CHAPTER 3NIGERIAN COMMUNICATIONS COMMISSIONMEDIATION PROCEDURE RULES1. APPLICATION OF THE RULES1.1 Parties may by mutual agreement either with respect to existing or future disputesagree to mediation of their disputes under the auspices of the NigerianCommunications Commission (hereinafter referred to as the “Commission”). Allsuch agreements for mediation shall be deemed to be subject to the application ofthese rules or any variation of same as may be in effect as at the date of thesubmission.2. APPROACH TO THE COMMISSION2.1 Any party or parties to a dispute where there is an existing mediation agreement withthe other party or parties may initiate mediation by filing with the Commission awritten Request for Mediation which should be copied to the other party or parties.2.2 Where one party or parties to a dispute or difference in instances where there is nocontract or submission agreement providing for mediation, seeks mediation, suchparty may request the Commission to write the other party to join in a submission tomediation. Upon receipt of such request the Commission may seek the agreementthereto of the other party or parties. Upon approval of the other party, the parties willenter into the Commission’s Model Mediation Agreement2.3 A request under rules 2.1 and 2.3 above shall be in writing and shall contain thenames, addresses, telephone and fax numbers of the parties to the dispute and anypersons representing them. Brief details of the nature of the dispute shall beincluded.3. THE MEDIATOR3.1 The designated representative of the Commission shall conduct the Mediation.3.2 The Commission may appoint another mediator in the place of the person initiallydesignated in the event that the designated mediator is unable to act for any reason.18

4. MEDIATION PROCEDURE4.1 The Mediator shall be responsible for the conduct of the mediation. The Mediator’saim shall be to assist the parties in an impartial manner to achieve an amicablesettlement which the parties consider appropriate to their particular circumstances.4.2 The Mediator shall do all things necessary to facilitate the settlement of the dispute.He shall amongst any other steps considered appropriate:-- Attend any meetings with any or all of the parties prior to proceeding with themediation if requested or if such meeting is deemed appropriate.- Chair and determine the procedure for the Mediation.- Assist the parties in drawing up any written settlement agreements.- If requested by all the parties give a non-binding evaluation of the respective merits ofthe dispute or any aspect of it.- At the request of all the parties in the event that they are unable to reach agreementduring negotiations at the mediation, make a written recommendation as to terms ofsettlement. Such recommendation need not be such that a court or arbitrator wouldhave made, the emphasis being on an amicable resolution of the dispute.5. PARTICIPANTS5.1 The parties may be represented by persons of their choice including legal advisersprovided all such representatives have written authority issued by the party beingrepresented. The written authorization indicating the names and addresses of suchrepresentatives are to be communicated to the Commission and the other parties andshall state the name of the lead representative vested with the necessary authority tosettle the dispute.5.2 Legal Advisers acting for Parties may participate in the mediation process to such anextent as the mediator may consider useful and appropriate.6. EXCHANGE OF INFORMATIONEach party shall exchange with the other and send to the Commission within suchtime as may be stipulated by the mediator or any other date agreed between the partiesand the mediator sufficient copies of:-a. A concise summary (the summary) setting forth its case with regard to the issues thatneeds to be resolved.19

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