Minimizing Legal Risk and Litigation Costs through Tatua Center
7.2.1 Mediation process at the Center
In undertaking ADR, the Center follows the process stipulated below;
a) Verification - This is an educative stage that guides the customer on dispute lodging process. If the dispute has not been filed with the CRB yet, the Center sends the customer to the bureaus or facilitates the filing of the dispute with the CRB. 10% of disputes filed at the Center are resolved at this stage.
b) Intervention – If the Center needs a better understanding of the dispute from the credit provider or the customer, it seeks clarification by requesting for more documents through emails or calls to either party. Once the documents are received the Center, via the same modes, tries to have the dispute resolved without a laborious process. 20% of disputes filed at the Center are resolved at this stage.
c) Facilitation – If a resolution cannot be reached through intervention, the Center writes formally to both parties, correspondence is exchanged and meetings are held to try to resolve the dispute. 60% of disputes filed at the Center are resolved at this stage.
d) Mediation – At this stage, a third party independent mediator is selected to take over the dispute. Parties are advised to attend the mediation at a date agreed with them through the registrar’s office. The disputing parties themselves must attend the mediation session. Where a party is a company or institution, the person attending the mediation must have authority to settle the dispute. There is over 90% success rate at this stage. Where a settlement agreement is reached, the parties sign the same and it becomes binding. The Center monitors implementation where the matter was not already in court. Where the matter was already filed in court, the Settlement agreement is presented to court and is adopted as a consent judgment and the court monitors its implementation.
7.2.2 Mediation documents at Tatua Center
a) Client Intake Form - Parties fill a Request for through a client intake form.
b) Code of Conduct – Mediators under the Center sign a Code of Conduct that they must abide to in terms of their conduct-by the Center.
c) Agreement to Mediate - Once the parties attend the mediation, they sign an agreement to mediate that provides terms and conditions under which the Center undertakes mediation.
d) Mediation Guidelines - The Center has mediation guidelines that mediators in the panel must follow.
e) Mediation Feedback Form - This is a form that provides feedback from the parties and the mediator. The parties evaluate the mediator while the mediator evaluates the session.
f) Settlement Agreement - This is the agreement the parties sign when a settlement is reached through mediation.
7.2.3 Mediation stages at the Center
7.2.4 Justification for mediation guidelines
Tatua Center’s mediation guidelines are aligned to the Judiciary guidelines. They provide a path to a conducive environment for mediation ensuring there is no intimidation or discrimination from any party or the mediator. The mediator must control the environment, including setting the ground rules which include:
a)No walking away until the mediation is concluded (whether a settlement is reached or not).
b) No pressuring any party into a settlement/No power play.
d)Attendance should be by someone with the authority to settle the matter.
7.3 Why consider Tatua Center for Dispute Resolution
Lenders, CRBs and borrowers who are faced with challenges concerning CIS should consider Tatua Center since it:
a) Offers a conducive environment for dispute resolution to both customer and financial institution.
b) Is very efficient compared to the court process.
c) Operates within the law and mediation guidelines issued by the Judiciary.
d) Has qualified mediators who are also accredited by the Judiciary.
e) Offers services for free to members on CIS disputes. On any other dispute, it charges very reasonably.
f) Have mediators who are experts on the CRB Regulations.