Art. 5 FAI Mediation Rules

5. APPOINTMENT AND CONFIRMATION OF THE MEDIATOR

5.1 FAI Mediation shall be conducted by one mediator, unless otherwise agreed by the parties.

5.2 The parties may jointly nominate the mediator for confirmation by the FAI within 15 days from the date on which the Request for Mediation was received by the other party or all parties or within such additional time as may be agreed by the parties, or failing such agreement, as may be reasonably determined by the FAI.

5.3 If the parties’ agreement provides that several mediators are to be appointed, the parties may jointly nominate any or all of the mediators for confirmation by the FAI within the said time.

5.4 At the request of the parties, the FAI may propose prospective mediators for the parties to consider.

5.5 Where the parties do not jointly nominate a mediator or the mediators, the FAI shall make the appointment. The FAI will make all reasonable efforts to appoint a mediator or mediators that meet the qualifications agreed or proposed by the parties.

5.6 All nominations of mediators are subject to confirmation by the FAI. The appointment of any mediator shall become effective only upon such confirmation.

5.7 The FAI may decline confirmation of a nomination only if the prospective mediator fails to fulfill the requirements of impartiality and independence set forth in Article 6.1, or if the prospective mediator is otherwise unsuitable to serve as mediator. The FAI has no obligation to give reasons for its decisions.

5.8 Where the FAI declines confirmation, it may appoint or confirm another mediator if requested to do so by the parties.

5.9 If a party objects to a mediator appointed by the FAI, the FAI may, upon the request of the parties, appoint another mediator or propose other prospective mediators to the parties.