The Process

How does the process start?

The process begins when one of the disputing parties contacts a Regional Conciliation and Arbitration Board (CAB) Chair with an inquiry or an issue of concern. This can be through a phone call, an email, a face-to-face meeting or a referral from another Jamati Institution or leadership.

If CAB can assist, the Regional CAB Chair will call the respondent party or parties to ascertain whether they are willing to use CAB services. If desired by either party and agreed to by both parties, the process could explore the opportunity for reconciliation and a referral may be made to an appropriate Ismaili Jamati (community) Institution.

Mediation is an entirely voluntary process in which parties are encouraged to reach their own negotiation settlement with the assistance of a mediator.

Assigning Cases

If both parties agree to use CAB services, the Regional CAB Chair assigns a mediator (or co-mediators) to the case.

The assigned mediator contacts the parties and starts the mediation process.

• The mediator starts with an explanation of the entire process, setting ground rules, and emphasizing the confidential and voluntary nature of the process.
• Participants will sign a Submission Agreement indicating their voluntary submission and participation in the CAB process.

Identify the Issues

The mediation process follows an established framework:

• Participants are given an equal opportunity to share their story.
• The mediator will aim to help the parties explore their interests and clearly identify the issues that are in dispute.
• Once the issues have been identified and explored, the mediator will help the parties themselves generate solutions to resolve the dispute.

Reaching an Agreement

If a settlement is reached, the mediator will work with the parties to draft Minutes of Settlement. Parties will then be required to obtain Independent Legal Advice (ILA) prior to signing the Minutes of Settlement.

Post Settlement

CAB will assist participants with post-settlement follow-up, enabling check-ups with parties to see whether the settlement terms are being adhered to and if any further assistance is needed from CAB to resolve outstanding or new issues. Follow-up can also assist parties to heal emotional pain or trauma.