5th May, 2010 EAST AFRICAN COMMUNITY GAZETTE 61 EAST AFRICAN COURT OF JUSTICE (FIRST INSTANCE / APPELLATE DIVISION) ____________ FIFTH SCHEDULE: GUIDELINES FOR MEDIATION (Rule 54 (1) 1. A mediation session shall take place as directed by the management Judge under Rule 54 of the Rules of the East African Court of Justice Rules of Procedure, 2 (1) At least seven (7) days before the mediation session every party, shall prepare a statement and provide a copy to every other party and to the Judge mediator. (2) The statement shall identify the factual and legal issues in dispute and briefly set out the position and interests of the party making the statement, (3) The Party making the statement shall attach to it any documents that the Party considers of central importance to the action. (4) The Judge mediator shall have power to enlarge the time under paragraph 2 (1) hereof and subject to provisions of Rule 53 (1) of the East African Court of Justice Rules of Procedure, may from time to time adjourn mediation proceedings. (5) Each party or its representative responsible for making decisions regarding proceedings shall attend the mediation session personally with its advocate if any. 3. All communications at a mediation session and the mediator’s notes and records shall be deemed to be without prejudice. The parties or their representatives shall sign an agreement of confidentiality in accordance with form A of Fifth Schedule. 4. (1) If the agreement settles the case or resolves some of the issues in dispute, the parties and their advocates shall sign the agreement and the Judge mediator shall make an order that the case or the issues as the case may be have been so settled or resolved. (2) Where the Judge Mediator orders that the case has been settled, the order is as good as a Court decree. In the event the mediation leads to a partial settlement and order will be drawn accordingly and the unresolved issues will go for trial.