Last time, we looked at how to prepare for the first phase of the mediation process: the Consultation.
If the parties fail to settle their dispute, the SCT will schedule a Hearing before a Judge, which while informal in procedure, is like any court case.
Again, no lawyers are present, unless the Judge gives prior permission, which helps to keep proceedings simple, but the following preparation is advised:
Submit all documentation and arguments you plan to rely on well in advance of the Hearing and in compliance with the deadlines set by the SCT Registry
Ensure you have submitted enough information and documentation to prove your case, and that all filings and organised so that a Judge can clearly understand your arguments
Remember to seek legal advice in advance of the Hearing if you are unsure about the legal arguments relevant to your case
Remember to shift your thinking towards legal, rather than personal, arguments so you can present them appropriately to the Judge
Remember to be patient. The Judge will not decide the case on the spot
Once the Hearing is complete, a Judgement or Order (including a Consent Order) will be issued, which leads to the next phase of the process: enforcement. In the next post, we will look at what this means for both parties in the dispute.