22 EAST AFRICAN COMMUNITY GAZETTE (a) points of agreement and disagreement, (b) the possibility of mediation, conciliation or any other form of settlement, (c) whether evidence is to be oral or by affidavit, (d) whether legal argument shall be written or oral, or both, (e) the estimated length of the hearing, (f) any other matters as the Division may deem necessary, 5th May, 2010 (2) If the case has good potential for settlement, the Division shall direct that the case proceeds to mediation or other form of settlement. (3) If the matter is to proceed to hearing the Division shall fix the date for commencement of hearing. (4) In any case where there is no need for evidence and all parties opt to present legal arguments in writing, the Division shall prescribe the time within which the parties shall file their respective written legal arguments and may fix the date on which the parties shall appear before a bench of three judges to deal with any other matter the Division thinks necessary. Rule 54: Alternative dispute resolution (1) Mediation or any other form of settlement shall be conducted by the Judge who presides over a scheduling conference and shall be in accordance with guidelines set out in the Fifth Schedule. The mediation or any other form of settlement shall be completed within twenty one (21) days after commencement; provided that the judge may extend the time for a period not exceeding fifteen (15) days on application by the parties, showing sufficient reasons for the extension. (2) Where mediation or other form of settlement succeeds, the Court shall record the settlement order. (3) Where the mediation or other form of settlement fails, the matter shall proceed to trial. Rule 55: Fixing the date for oral proceedings (1) The Court shall, prior to the opening of the oral proceedings, meet in chambers to enable judges to exchange views concerning the written pleadings and the conduct of the case. (2) The Court shall, wherever possible, fix the date for the opening of the oral proceedings to take place within a period not exceeding six (6) months from the close of pleadings unless the Court is satisfied that there is adequate justification for deciding otherwise. (3) The Court shall, when fixing the date for the opening of the oral proceedings or postponing the opening or continuance of such proceedings, have regard to: (a) the need to hold the hearing without unnecessary delay; (b) any special circumstances, including the urgency of the case or other cases on the list of cases; (c) the views expressed by the parties; and (d) the need to administer substantive justice without undue regard to technicalities.

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