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The Rules of Resolve |
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In
these Rules a word used in the singular includes the plural and
the masculine includes the feminine. |
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1 Purpose of Resolve 1.1 The principal purpose of Resolve is to assist in the biblical resolution of disputes between Christians of any denomination or background and in reconciling the parties by providing advice, mediation and, if necessary, arbitration. 1.2 Christians for the purposes of these Rules are all believers who recognise and publicly confess the Trinity of one God, Father of Jesus Christ whose virgin birth, divinity, atoning death for the salvation of mankind, bodily resurrection and Lordship are the foundation of their faith. 1.3 It is a fundamental principle of Resolve that reconciliation between the parties shall be pursued at all stages of any dispute. Arbitration is normally only available where mediation has been tried and has been unsuccessful. back to top |
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2 Structure of Resolve 2.1 Resolve is a non-profit making company limited by guarantee and is administered by a Board of Directors through a Executive Director. back to top |
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3 Availability of Resolve 3.1 Resolve is available to all Christians regardless of their church affiliation and also to non-Christians provided they accept the Christian nature of the Service and provided they accept the Rules set out herein. 3.2 The Board may refuse to accept applications if it considers that either the publicly expressed beliefs of a prospective party or the nature of the dispute itself are incompatible with the Christian nature of the service. 3.3 The Board always retains discretion as to whether to accept or refuse a reference to Resolve. back to top |
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4 Applicable Law 4.1 Mediators and Arbitrators shall take into consideration all relevant Statute and Common Law but the Bible shall be the supreme authority governing every aspect of the mediation and arbitration procedure. Substantive issues of law shall be determined by arbitrators according to the law of England. back to top |
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5 Representation 5.1 Any party seeking to use Resolve under these Rules may choose to be assisted at any stage by a qualified lawyer or by a friend or by an expert provided that the Executive Director and all parties are given notice of the name and address of the representative not less than 21 days before any hearing. In no circumstances will Resolve provide any party with legal or other expert advice or representation, and nothing said by or on behalf of Resolve either before, during or after the mediation or arbitration process shall be construed as such. back to top |
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6 Withdrawal from the Process 6.1 The mediator may withdraw at any time and terminate the mediation if he considers that mediation is inappropriate or has no prospect of being effective. 6.2 Any party may withdraw from mediation at any time unless they have entered into a mediation/arbitration agreement at the outset in which case they may not withdraw whilst the mediation or arbitration process is continuing except with the consent in writing of all other parties. 6.3 The arbitrator may not withdraw after accepting nomination except for the most compelling personal reasons and then only with the consent of the Board or in the event of an unforeseen conflict of interest preventing him from continuing. 6.4 No party who has signed an arbitration agreement may withdraw from the arbitration except with the consent in writing of all other parties. back to top |
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7 Request for Advice 7.1 Any person may seek advice from Resolve concerning the resolution of a dispute by contacting the Executive Director who, at his discretion, may offer or decline to offer advice or refer the enquirer to another suitable person, provided that any such advice shall only be given on the basis that the enquirer implicitly agrees to accept these Rules whether or not any formal or written agreement to this effect is made. back to top |
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8 Request for Mediation 8.1 Any person may initiate mediation by making a request in writing to the Executive Director for a copy of a mediation or mediation/arbitration agreement which when signed by all parties and received by Resolve shall constitute a valid request for mediation. 8.2 Upon receipt of the request for mediation under Rule 8.1 above, the Executive Director shall send to each party a copy of the appropriate agreement (either a mediation or a mediation/arbitration agreement), a copy of a fees agreement and a questionnaire concerning the dispute. If, within 28 days of the agreements being despatched, any party fails to sign and return the agreements and any fees requested on account, the request for mediation shall be deemed to have been rejected. 8.3 The Executive Director may, at his discretion, postpone commencement of mediation until reasonable efforts have been made by the parties to resolve the dispute in private or with the help of their churches in accordance with Matthew 18:15-20 and 1 Corinthians 6:1-8. back to top |
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9 Appointment of the Mediator 9.1 Within 14 days of receipt of the signed documents and the fees referred to in Rule 8.2 above, the Board shall, if it accepts the request for mediation, nominate the mediator and forthwith notify all parties of the mediator's name and address. 9.2 If any party objects to the nominated mediator, he shall submit his objections in writing to the Executive Director not later than 14 days after receiving notification. If such objections are considered by the Board to have substance, it shall forthwith nominate another mediator and the same procedure and time limits for objection shall thereafter apply. 9.3 If no notice of objection has been received by the Executive Director within the time limit set out above, the parties shall be deemed to have accepted the nominated mediator. back to top |
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10 Mediation Procedure 10.1 From the time the mediator is appointed until termination of Resolve's involvement in the dispute, no party shall take any action against any other party, whether through the courts or otherwise, to further his interest in the dispute. Failure to comply with this Rule shall be deemed to be withdrawal from the mediation procedure. 10.2 Following the parties' acceptance of the nomination of the mediator, the mediator shall consult with the parties and/or their representatives either together or individually and then establish such timetable and procedural rules for the conduct of the mediation as he thinks reasonable. At any stage of the proceedings he may request the production of documents or oral explanations from the parties provided that at all times he acts reasonably, fairly and impartially. 10.3 All parties or their representatives shall have the right to submit any document or to make any oral representation to the mediator at any stage in the proceedings. 10.4 The mediator shall call together the parties and their representatives (if any) at a convenient time and location for a private informal mediation meeting with a view to resolving the dispute and reconciling the parties. A mediation meeting will normally include an introduction and opening prayer, statements by each party clarifying the issues between them, presentation of each party's claims and an opportunity for the other to respond, questioning by the mediator, discussion (sometimes in private without the other party) with the mediator, application of relevant biblical principles, exploration of possible solutions, agreement on a solution in writing, closing comments and prayer. 10.5 If the parties cannot reach agreement, any party may request the mediator to give an advisory (non-binding) opinion as to what each party should do to resolve the dispute and facilitate reconciliation. 10.6 If necessary, the mediator may adjourn the meeting to continue at a later date. 10.7 The mediator, with the consent of the parties, may at any stage of the proceedings attempt to draft a settlement agreement if he considers it appropriate to do so. 10.8 Any settlement agreement shall be based upon biblical principles of justice and righteousness and shall be essentially an instrument of reconciliation between the parties and, when signed by all parties, shall be binding upon each. 10.9 A copy of the settlement agreement shall be sent to the Executive Director and, except as provided in these Rules, shall not be disclosed to anyone outside Resolve unless this is specifically authorised in writing by all parties. 10.10 If the dispute is not resolved as a result of the mediation procedure, the mediator shall inform the Executive Director who may, if considered appropriate, invite the parties to submit the dispute to arbitration under these Rules. The mediator shall not serve as arbitrator in the same dispute unless all parties agree that he should. back to top |
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11 Request for Arbitration 11.1 Arbitration of a dispute shall only be available if mediation of the dispute has been tried without success, unless the Board agrees that a referral may proceed directly to arbitration. 11.2 Any party seeking arbitration shall submit an application in writing to the Executive Director setting out the names and addresses of the parties, a description of the nature and circumstances of the matters in dispute, the issues to be determined by the arbitrator and confirmation that the application has been served upon all other parties to the dispute. 11.3 Upon receipt of the application for arbitration under Rule 11.2 above, the Executive Director may, if he considers the case appropriate for arbitration by Resolve, send a copy of an arbitration agreement and a copy of a new fees agreement to each party. If, within 28 days of the agreements being despatched, any party fails to sign and return the agreements or fails to pay any fees requested on account, the request for arbitration shall be deemed to be rejected. 11.4 Within 21 days from the date of receipt of the applicant's statement under Rule 11.2 above, the respondent party or parties shall prepare a written reply and shall send copies to the Executive Director and all other parties. Such reply shall include an answer to the applicant's claim together with a short description of the nature and circumstances of the dispute and a statement of the issues which that party seeks to be determined by the arbitrator. back to top |
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12 Appointment of the Arbitrator 12.1 Within 14 days of receipt of the documents referred to under Rule 11.4 above, the Board shall nominate the arbitrator and the Executive Director shall forthwith notify all parties of the arbitrator's name and address. If any party objects to the nominated arbitrator, the same procedure shall apply as is set out in Rule 9.2 in respect of a mediator. 12.2 If no notice of objection has been received within the time limit set out above, the parties shall be deemed to have accepted the nominated arbitrator. back to top |
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13 Arbitration Procedure 13.1 Within 28 days of the appointment of the arbitrator or within 28 days of receipt of all parties' statements as required by these Rules, the Executive Director shall call the parties and the arbitrator to a meeting at a time and place convenient to all concerned in order to discuss and establish a timetable, rules of procedure, the date and venue for the arbitration, the issues to be determined by the arbitrator and any other relevant matters. In the event of disagreement concerning any of the above matters, the Executive Director, after consulting with the arbitrator, shall decide and his decision shall be final. 13.2 At the first hearing and until such time as the arbitrator decides that it is not possible to do so, he shall attempt to assist the parties to resolve the dispute themselves and to be reconciled notwithstanding the fact that mediation has previously been unsuccessful. 13.3 Parties may call witnesses of fact and/or expert evidence provided that such evidence is relevant. Not less than 28 days before any hearing, the names of all witnesses including experts which a party intends to call shall be notified to the other parties and to the arbitrator together with a written statement setting out the substance of any expert evidence. 13.4 The arbitrator shall consider all the evidence submitted by the parties both written and oral but he may exclude any irrelevant evidence including any which is manifestly false, derogatory or offensive. 13.5 Witnesses shall be questioned with fairness and kindness and offensive or irrelevant cross-examination shall not be permitted. 13.6 The arbitrator shall be free to question the parties and their witnesses, to adjourn for additional evidence to be obtained or for documents to be disclosed or, in exceptional circumstances, to seek expert assistance where this is necessary for the determination of the issues. 13.7 If any party fails to comply with these Rules or the directions of the arbitrator during the proceedings, the arbitrator may consult the Board and with the Board's consent may dismiss the proceedings. Thereafter the arbitration shall only be reinstated if there is an application in writing by all parties to the Board and the Board gives its consent. 13.8 In the event that the parties reach a settlement, the arbitrator shall prepare a settlement agreement which shall be signed by all parties and by the arbitrator himself. 13.9 Not more than 21 days after the completion of the arbitration, the arbitrator shall submit his determination to the Executive Director who shall forthwith notify all parties and where appropriate the parties' church leaders. 13.10 Proceedings are subject to the Arbitration Act 1996 and any amendments to that Act. 13.11 If the arbitration is conducted by more than one arbitrator and they are not unanimous in their determination, the view of the majority or, if there is no majority view, the view of the lead arbitrator shall be decisive. back to top |
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14 Failure to Comply with the Determination 14.1 In the event of non-compliance with any part of the arbitrator's determination, the interested party may apply to the Board and request its intervention. 14.2 If the Board is unable to obtain voluntary compliance by the other party, the interested party is free to seek enforcement through the civil courts. back to top |
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15 Right to Challenge the Determination 15.1 Within 21 days of being notified of the arbitrator's determination any party may submit to the Board a claim against that determination but only on the grounds that it contains a manifest material mistake or an error in calculation. 15.2 The Board will consider such claim, consult the arbitrator and may, if it thinks it is just to do so and at its sole discretion, amend the determination. If it does so, the amended determination shall forthwith be notified to all parties and shall have effect as if made by the arbitrator in the first place. 15.3 The determination by the arbitrator or the amended determination by the Board shall be final and binding on all parties. There shall be no right of appeal, the parties being deemed to have waived all rights of appeal, except as expressly provided herein, by submitting to arbitration under these Rules. back to top |
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16 Costs 16.1 Subject to the first thirty minutes of discussion or advice being free of charge, liability to pay costs arising out of a request for advice pursuant to Rule 7 above shall be on such terms as may be agreed between the enquirer and the Executive Director or any other advisor to whom he refers the dispute. 16.2 Liability to pay costs following a request for mediation and/or arbitration shall arise upon acceptance of the request by Resolve and shall be in accordance with the terms of the fees agreements referred to herein which all parties shall sign as a precondition of Resolve accepting their request. 16.3 Subject to any agreement between the parties and subject to any award which may be made by an arbitrator, each party shall be responsible for all its own costs including the costs of his own representatives whether lawyers, experts or others, and each party shall be responsible for half the costs charged by the mediator or arbitrator. 16.4 An arbitrator shall have complete discretion to make such orders for costs as he thinks fair and reasonable in all the circumstances and by agreeing to submit a dispute to arbitration, all parties shall be deemed to waive any right of appeal in respect of a costs order. 16.5 The mediator and arbitrator shall always conduct proceedings in such a way as to minimise costs. 16.6 At any stage of mediation or arbitration proceedings, any party may apply to the Board for financial assistance on the grounds of financial difficulty and if, in the opinion of the Board, the circumstances warrant it, that party's liability for costs may be limited or waived or a payment plan offered provided that to do so would not unfairly prejudice any other party. back to top |
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17 Confidentiality 17.1 All communications by or between any party, Resolve, or an advisor, mediator or arbitrator appointed by Resolve, concerning any dispute referred to Resolve under these Rules, shall be treated as settlement negotiations and shall be without prejudice and inadmissible for any purpose in a civil court except as provided herein. 17.2 All communications referred to above shall be strictly confidential and shall not be disclosed to any other person or organisation by the mediator, arbitrator, Resolve or any party except as provided under these Rules or agreed by all parties. 17.3 Rules 17.1 and 17.2 above include all oral, written or electronic communications and all records, reports, letters, notes, discs, tapes and other documents received or produced as part of the process under these Rules except for those that existed prior to Resolve being requested to act which were otherwise open to discovery apart from proceedings under these Rules. 17.4 Neither the mediator nor the arbitrator shall disclose to any person or organisation any communication referred to above except to the members of the Resolve Board who themselves shall not disclose any such information to any other person except as provided under these Rules or as agreed by all parties. 17.5 Resolve, or a mediator or arbitrator appointed under these Rules, may disclose communications referred to above, and the parties hereby agree to waive confidentiality and not to hold Resolve or a mediator or arbitrator in any way liable for doing so, under the following circumstances: (1) when an arbitrator consults with outside experts regarding particular issues or problems relating to a dispute which has been referred to Resolve under these Rules; (2) when compelled by statute or by a court to disclose the information; (3) when an arbitration agreement or determination has been contested or appealed; (4) when the Board deems it appropriate to discuss a case with the church leaders of parties who profess to be Christians. back to top |
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18 Church Involvement 18.1 Where the Board deems it appropriate, Resolve may discuss a case with the church leaders of parties who profess to be Christians. If a party who professes to be a Christian refuses to abide by an agreement reached during mediation or an arbitrator's determination, either Resolve or any party may report the matter to the leaders of that person's church and request that they actively participate in resolving the dispute. 18.2 If a church chooses to become actively involved, it may, at its discretion, review what has transpired during mediation, obtain such additional information as it considers would be helpful, and take whatever steps it considers necessary to facilitate reconciliation and promote a biblical resolution of the dispute in accordance with Matthew 18:15-20. back to top |
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19 Exclusion of Liability 19.1 Neither Resolve nor any advisor, mediator or arbitrator acting pursuant to a request or referral under these Rules, shall be liable to any party or person for any act or omission or damage, which may arise out of any advice given or out of the conduct of any mediation or arbitration under these Rules. back to top |
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