PROTOCOL ON

VIRTUAL
MEDIATIONPROCEEDINGS(VMP PROTOCOL)AND GUIDETO THE AIAC
VMP PROTOCOLPROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

Table of Contents
INTRODUCTION ......................................................................................................... iv
PART 1: VMP PROTOCOL ........................................................................................... 1
1.

Applicability and Scope ................................................................................... 1

2.

Guide and Definitions ..................................................................................... 1

3.

Agreement for VMP ........................................................................................ 54.

VMP Conduct .................................................................................................. 6

4.1.

General Provisions.......................................................................................... 6

4.2.

Venue .............................................................................................................. 7

4.3.

Participants at the Venue during the VMP ..................................................... 9

4.4.

Test Run........................................................................................................10

4.5

Caucus and Breakout Session .....................................................................10

4.6.

Witness Examination ....................................................................................11

4.7.

Mediated Settlement Agreement ..................................................................13

5.

VMP Etiquette ...............................................................................................14

6.

Document Referencing .................................................................................15

7.

Recording and Confidentiality of the VMP ...................................................17

8.

No Liability.....................................................................................................18

Schedule 1 - Undertaking of Confidentiality, Privacy and Security.............................19
PART II: GUIDE TO THE AIAC VMP PROTOCOL ....................................................20
I.

Mediator’s Consideration ..............................................................................20

II.

AIAC Online Booking Form...........................................................................20

III.

AIAC VMP Protocol.......................................................................................21

IV.

VMP Platform ................................................................................................21V.

Test Run........................................................................................................22

VI.

Attendees ......................................................................................................23

VII.

Breakout Rooms ...........................................................................................23

VIII.

Screensharing ...............................................................................................24

IX.

AIAC IT Support Specialist ...........................................................................24

X.

Venue IT Support Specialist .........................................................................25

XI.

Host of VMP ..................................................................................................25i

PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

XII.

Recordings of VMP .......................................................................................25

XIII.

Electronic Presentation of Evidence .............................................................26

XIV.

Declaration ....................................................................................................26

XV.

Procedural Irregularities................................................................................26

XVI.

Tips and VMP Etiquette ................................................................................26

General Tips .............................................................................................................27
Before and/or During VMP .......................................................................................30
During VMP ..............................................................................................................31
Flowchart of the Virtual Mediation Process .................................................................33ii

PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOLINTRODUCTION

Part I contains the AIAC Protocol for Virtual Mediation Proceedings (AIAC VMP
Protocol), which is intended to govern the conduct of VMP. Parties and Mediators may
adopt such in whole or in part. When considering whether to adopt the AIAC VMP
Protocol, Parties and Mediators should read Part II as well as the AIAC’s online
booking form. If adopted, such shall be enforceable on the Parties and the Mediator.

Part II contains the Guide to the AIAC VMP Protocol, which aims to assist Parties andMediators in completing the VMP. The Guide also contains points for consideration by
the Parties and the Mediator when conducting a VMP. This document is intended toserve as a reference tool only and shall be read in conjunction with Part I and the
AIAC’s online booking form.

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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOLPART 1: VMP PROTOCOL

1.

Applicability and Scope

1.1.

This Protocol on Virtual Mediation Proceedings (“Protocol”) applies tomediation sessions, meetings, caucuses, breakout sessions, Witness
examinations and/or hearings with either no or limited in-person
attendance as agreed between the Parties and the Mediator in writing,which shall hereinafter be referred to as Virtual Mediation Proceedings(“VMP”).

1.2.

The Parties may adopt this Protocol in whole or in part to govern the VMP
or may vary or use this Protocol as a guideline in developing their own
procedures.

1.3.

The Protocol is not intended to limit the flexibility that is inherent in, and is
the advantage of, mediation.

1.4.

Prior to the use of this Protocol for mediation, the Parties should evince, in
writing, their agreement to the conduct of the mediation virtually andacknowledge that they will not subsequently challenge a settlement on thebasis that the mediation was not held in-person.

1.5.

In the absence of a written agreement pursuant to Clause 1.4., theMediator should specify the reasons for proceeding with the mediation
virtually prior to the VMP.

2.

Guide and Definitions

2.1.

All references in the Protocol to the singular shall include the plural whereapplicable and vice versa.

2.2.

All personal pronouns in the Protocol, whether used in the masculine,
feminine, or neutral gender, shall include all other genders.

2.3.

In this Protocol, unless the context suggests otherwise, the following terms
and abbreviations shall be adopted:
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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

2.3.1.

“Additional Participants” means a participant who is neither aparty nor an Observer but has been requested by the Mediator
and/or the Parties to attend the VMP for any reasons agreed uponby the Parties and the Mediator;

2.3.2.

“Agreed Bundle of Documents” means the agreed and indexed
set of documents submitted to the Mediator for the purposes of aphysical or virtual meditation that the Mediator may reference or
be referred to in the course of the virtual mediation. For VMP, theAgreed Bundle of Documents may be in physical, i.e., print or hard
copy, and/or electronic form, as directed by the Mediator;

2.3.3.

“AIAC IT Support Specialist” means the IT specialist assignedby the AIAC to support the VMP;

2.3.4.

“Breakout Session” means a private meeting conducted outsideof the Joint Session in the course of the VMP for such purpose as
required;

2.3.5.

“Business Day” means a working day in the Federal Territory of
Kuala Lumpur, Malaysia and excludes weekends and public
holidays;

2.3.6.

“Caucus” is a confidential meeting between the Mediator and one
Party;

2.3.7.

“Clause” means the numbered paragraphs in Part I;

2.3.8.

“Host” is a person or company that provides or facilitates the useof a Platform or Technology needed for the carrying out of
VMP. The default Host is the AIAC, unless otherwise agreed
by the Parties and the Mediator;

2.3.9.

“Independent Supervising Officer” means a neutral andindependent individual appointed by a Party, or both Parties,
to oversee the examination of a Witness to ensure no improper
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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

assistance is provided to the Witness and the evidence is given
independently without any interference and influence;
2.3.10. “Interpreter” means the individual appointed by either Party withthe requisite language skills to translate communications or thegiving of oral evidence from a foreign language to the language ofthe mediation vice versa;
2.3.11. “Joint Session” is a meeting in the Main Room facilitated by
the Mediator where Parties and/or their representatives are jointly
present for the conduct of Mediation;
2.3.12. “Main Room” is the meeting room created for the conduct of the
Joint Session which the Participants would be present;
2.3.13. “Mediator” means a neutral third party appointed or confirmed
under the AIAC Mediation Rules, by any other institutional rules,
by court order, or by mutual agreement of the Parties to facilitatecommunication and negotiation between parties to assist theparties in reaching an agreement regarding a difference or adispute;
2.3.14. “Mediator Assistant” means the individual appointed by theMediator, upon agreement with the Parties, to carry out secretarial
and administrative assistance functions in the mediation
proceedings;
2.3.15. “Observer” means the individual who is present during the VMP
other than the Parties, Mediator, Witness, Transcribers, Additional
Participant, and Interpreter, and whose presence has been
agreed by the Parties and the Mediator. This includes theindividual authorised by the Parties to watch or listen to theproceedings, if any, provided this individual is permitted by theMediator to observe the proceedings;

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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

2.3.16. “Participant” means the Parties, Mediator, Witness, Transcriber,
Interpreter, and all other persons identified in Clause 4.3.1. thatare present in VMP upon the direction of the Mediator;
2.3.17. “Party” means a party or parties to a mediation agreement, and
its Party Representative, being person(s) who appear in the
mediation on behalf of the Party, if any, save where explicitly
distinguished;
2.3.18. “Platform” means the video conferencing solution agreed by theParties and the Mediator for the conduct of VMP;
2.3.19. “Private Room” means multiple rooms that are created inaddition to the Main Room based on the requirements agreed by
the Mediator and the Parties which are to be utilised for Caucus
and/or Breakout Session;
2.3.20. “Technology” means any hardware including equipment such as
microphones, headsets, web camera, etc., and software used inthe VMP;2.3.21. “Transcriber” means the individual from the transcription services
company engaged by the Parties to transcribe the VMP;
2.3.22. “Translator” means the individual appointed by either Party withthe requisite language skills to translate written communications
and documents from a foreign language to the language of themediation and vice versa;
2.3.23. “Venue” means the video conferencing venue location from which
the Participants access the VMP;
2.3.24. “Virtual Mediation Proceedings” or “VMP” means either theMediation or stage of Mediation conducted with the use of agreed
Platform and Technology; and4

PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

2.3.25. “Witness” means the individual who is subject to subpoena,
submits a witness or an expert report and/or is the subject of an
examination or cross-examination in the course of the VMP.

3.

Agreement for VMP

3.1.

By adopting this Protocol, the Parties and the Mediator agree to the VMP
in accordance with this Protocol.

3.2.

The VMP will be deemed to have been conducted in place of an in-person
mediation, as agreed.

3.3.

The Parties and the Mediator shall agree on a Platform and Technology to
be used for the VMP and notify the AIAC of such within five (5) Business
Days before the intended VMP, subject to the availability of the Platformand Technology at the AIAC.

3.4.

The Parties shall check and satisfy themselves that:

3.4.1. the Platform to be used, including access thereto(a)meets the requirements for the fair and expeditious conductof the VMP;(b)is compatible with the Participants’ Technology used foraccessing the VMP; and(c)adequately safeguards the confidentiality and privacy
required of the VMP, for example, against any hacking, illicit
access, unlawful recording, or interception by third parties;

3.4.2. all Participants of the VMP have engaged with the Host for a test
run of the Platform and Technology; and3.4.3. there are adequate contingency measures implemented for all
Participants in case of sudden technical failures, disconnection, or
power

outages,

such
5

as

teleconference

andalternative

PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

communication channels, which include, but are not limited to,designated phone numbers for telephone calls and technicalsupport, the form of which is agreed before the VMP takes place.

3.5.

Unless expressly reserved by any Party in writing to the Mediator and allother Parties prior to the commencement of the VMP, by participating in a
VMP, a Party is deemed to have satisfied itself that the matters in Clause
3.4. have been adequately considered and fulfilled.

4.

VMP Conduct

4.1.

General Provisions

4.1.1. Prior to the commencement of any VMP or, at the latest, at the
preliminary conference, the Parties and the Mediator shall:(a)review and agree on the items in Part II, and should theParties fail to agree on any of the items within Part II, theMediator shall rule on such item upon hearing the Parties;(b)

identify which issues are essential for the VMP;(c)agree on the number and list of Participants attending the
VMP, for example, the number and identity of Mediators,
Parties, Party Representative, Witness, Interpreter, andtechnicians, and the Venue from which such Participants willaccess the VMP;(d)agree on the number of Participants for each Venue and thenecessary camera and audio set-up for all Venues;(e)consider and agree, if necessary, on the number of virtual
breakout rooms assigned to the Mediator and each Party, as
the case may be, to converse and deliberate privately among
themselves during the VMP;

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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL(f)

ensure that the virtual breakout rooms are secure and only
accessible to those Participants to whom the rooms areallocated;(g)consider and agree on the allocation of time for the Parties’
Breakout Session & Caucus with the Mediator and Joint
Session with the Parties and the Mediator, taking into
consideration that technical difficulties may arise during the
VMP and time may be lost troubleshooting the same; and(h)consult and agree on the virtual mediation dates, duration,and daily timetable taking into account the time zones of each
Venue.

4.1.2. The Mediator may terminate the VMP at any time if the Mediator
deems the video and/or audio conferencing facilities are so
unsatisfactory that it is unfair to either Party to continue.

4.2.

Venue

4.2.1. Participants may join the VMP from separate Venues, and shallensure that the Venues from which they participate, and theTechnology used, fulfil the threshold logistical and technologicalrequirements set out in Clause 4.2.2. to enable them to participate
in the VMP to the extent permitted.

4.2.2. Unless otherwise agreed by the Parties and the Mediator, all
Venues shall satisfy the following minimum logistical andtechnological requirements:(a)the video and audio conferencing facilities shall be of
sufficient quality to allow for clear audio and video and/oraudio-only transmission;(b)

the bandwidth requirements to ensure internet connection
stability for group video calling as recommended by therespective Platform;
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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL(c)there shall be sufficient microphones for any Participant toallow for the amplification of the Participant’s voice, as wellas sufficient microphones to allow for the transcription
and/or interpretation of the Participant’s testimony and/or
statement, where transcription and/or interpretation are
required;(d)there shall also be adequate placement and control of thecameras to ensure that all Participants can be seen;(e)the Parties shall use the best efforts to ensure that the video
and/or audio connection between the Venues is as smoothas possible, with sounds and images being accurately andproperly aligned to minimise any delays;(f)each Venue shall have:(i)reasonable access to a Venue IT Support Specialist
with adequate technical knowledge and logistical ability
to assist in planning, testing, and conducting the VMP
with the use of the agreed Platform and Technology;(ii) an AIAC IT Support Specialist assigned to resolve any
technical difficulties as far as practicable; and(iii) the Venue IT Support Specialist and the AIAC IT
Support Specialist shall ensure they have set up a
backup communication system which includes, but is
not limited to, external teleconference, WhatsApp,
iMessage, Slack, or Skype;(g)

the Venue shall be at a location that provides for fair, equal,
and reasonable right of access to the Parties, as
appropriate; and8

PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL(h)the Venue shall be equipped with printing and scanningfacilities.

4.2.3. Where there is to be more than one person at a Venue, each personat that Venue shall be visible to, and shall also be able to see, allother Participants who will be speaking during the VMP.

4.3.

Participants at the Venue during the VMP

4.3.1. Unless otherwise agreed by the Parties or directed by the Mediator,
only the following Participants may be present at the Venue during
the VMP:(a)

Party;(b)

Party Representative;(c)Mediator;(d)Mediator Assistant;(e)Witness;(f)

Interpreter;(g)Transcriber;(h)

AIAC IT Support Specialist, when necessary;(i)

Venue IT Support Specialist, when necessary;(j)

Observer; and(k)any other person permitted or directed by the Mediator.

4.3.2. Each Party shall provide the identity of every individual present at
the Venue to the other Party and the Mediator prior to the VMP.
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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

4.3.3. The Mediator shall take the necessary steps to verify the identity ofeach individual present at the start of the VMP.

4.4.

Test Run

4.4.1. All Participants of the VMP shall engage in a test run with the Hostusing the Platform and Technology for the VMP at least two (2)Business Days before the commencement of that VMP, and if notpracticable, the Parties shall communicate their unavailability assoon as possible to the Mediator and the Host.

4.4.2. Participants may also schedule separate test runs with the AIAC orother Participants, as necessary.

4.4.3. The separate test runs shall be at least two (2) Business Days prior
to the collective test run that is intended for all Participants toensure familiarity with and connectivity to the Platform.

4.4.4. Where video and/or audio conferencing facilities are required for
only a particular Participant, that Participant shall ensure that they
can access the VMP smoothly and is ultimately responsible forarranging the booking of video and/or audio conferencing facilities
with the AIAC and notifying all Participants of such arrangements.

4.4.5. The Mediator shall determine who bears the cost of the VMP.

4.5

Caucus and Breakout Session

4.5.1. The conduct of the Caucus shall be subject to the agreement of theParties and in any event to be determined by the Mediator.

4.5.2. The conduct of the Breakout Session shall be subject to the requestfrom the Parties and in any event to be determined by the Mediator.

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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

4.5.3. Subject to Paragraphs 4.5.1. and 4.5.2., the Platform agreed to by
the Parties shall have the capability to create multiple Private
Rooms for the purposes of the Caucus and Breakout Session.

4.5.4. The Mediator and the Parties shall agree on the frequency andduration of the Caucus and Breakout Session and each of theParties are to be allotted equal time or as determined by theMediator.

4.5.5. The Mediator shall inform and educate the Parties regarding theutilisation of the Caucus and Breakout Session.

4.5.6. The Mediator and the AIAC shall work together to ensure a smoothtransition to the Private Room from Joint Session and vice versa.

4.5.7. The Mediator and the Parties shall ensure that all information, oral
communications, and/or documents disclosed to the Mediator by a
Party in Caucus shall be kept confidential as between the Mediatorand the Party furnishing such information, oral communications
and/or documents unless the Party providing the same consents to
its disclosure to any other Party to the mediation.

4.5.8. Where the VMP relates to a matter administered by the AIAC underthe AIAC Mediation Rules 2018, the provisions of Rule 10 of the
AIAC Mediation Rules 2018 shall guide the conduct of the VMP.

4.6.

Witness Examination

4.6.1.

The examination of the Witness shall be conducted as directedby the Mediator.

4.6.2.

Unless otherwise agreed by the Parties, the video and/or audio
conferencing facilities at the Venue shall:(a)allow sufficient part of the interior of the Venue in which
the Witness is located is visible to the Mediator to showthat the Witness is able to give his/her evidence at the11

PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

mediation independently without any interference andinfluence; and(b)retain sufficient proximity to the camera for the Mediatorto observe the demeanour of the Witness.

4.6.3.

The use of audio conferencing facilities, as opposed to videoconferencing facilities, should only be considered in limited
circumstances where there is no necessity or minimal need forParticipants to observe the location and/or demeanour of the
Witness.

4.6.4.

The Mediator may request the Witness to orient his/her camera
to provide a 360-degree view of the Venue in order to confirm
that no unauthorised person is present.

4.6.5.

The Mediator and Parties shall agree in writing on the mannerand procedure by which the Witness shall give an oath oraffirmation prior to the VMP.

4.6.6.

The Witness shall give his/her evidence sitting at an empty deskor standing at a lectern, and the Witness’s face shall be clearlyvisible.

4.6.7.

All documents referred to by the Witness, whether in print orelectronic, shall be simultaneously visible and legible to theMediator and Parties.

4.6.8.

The Mediator may direct, where circumstances permit, arepresentative of each Party, a representative of the opposing
Party, and/or neutral Independent Supervising Officer to bepresent in-person observing the taking of evidence of a Witness
at the Venue. The identity of the person shall be communicatedin advance to the Mediator in writing. The Mediator may specify
or restrict the persons who are permitted to attend as Observers
to ensure that integrity of the evidence taken and fairness are
not compromised.
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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

4.6.9.

Where an Interpreter is required for a Witness during the VMP,
the Interpreter shall be briefed before the commencement of the
VMP with regard to the arrangements for video conferencing that
may impact or require adjustment of the interpretation service.

4.6.10.

Where the interpretation is to be conducted simultaneously inmore than one language, arrangement shall be made for theParticipants to be able to select which audio channel, andlanguage of choice, they wish to hear. The arrangement shall be
subject to the technical capability of the third party real-time
interpretation service provider mutually agreed to be appointed
by the Parties.

4.6.11.

During the VMP, the Mediator may give such directions as arenecessary for the fair and efficacious taking of the evidence ofthe Witness.

4.6.12.

The Parties shall agree on the Platform and Technology to be
used by the Witness to give demonstrative/illustrative evidence
in the course of the examination.

4.6.13.

The Mediator may terminate the VMP at any time if the Mediator
deems the video and/or audio conferencing facilities are so
unsatisfactory that it is unfair to either Party to continue.

4.7.

Mediated Settlement Agreement

4.7.1. In the event that the Mediator and the Parties agree to execute theMediated Settlement Agreement in an electronic form, the Mediatorand the Parties shall agree on a Platform and/or Technology to be
used to create, transmit, and sign such Mediated Settlement
Agreement.

4.7.2. The Mediator and the Parties shall discuss the scope and extent of
their involvement in the drafting of such Mediated Settlement
Agreement.
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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

4.7.3. The Mediator and the AIAC shall work together to facilitate thecreation, transmission, and signing of such Mediated Settlement
Agreement.

5.

VMP Etiquette

5.1.

To achieve the necessary level of cooperation and coordination for a
successful VMP, each Participant undertakes to observe the following:

5.1.1.

identify its lead speaker before the commencement of the VMP;

5.1.2.

a general comprehension of virtual mediation proceedings;

5.1.3.

refrain from interrupting any speaker especially, to avoid
audio/video lag;

5.1.4.

reasonable and responsible use of the Platform and Technology;

5.1.5.

avoid using Technology that interferes with connectivity;

5.1.6.

refrain from any unauthorised recording of the Joint Session and
the Caucus;

5.1.7.

refrain from turning off the video feed during the Joint Session and
the Caucus;

5.1.8.

refrain from taking screenshots/screen capture during the Joint
Session and the Caucus;

5.1.9.

refrain from leaving the meeting during the whole proceeding
unless agreed to and allowed by the Mediator and/or the otherParty;

5.1.10. ensure that the Joint Session and the Caucus are treated withutmost regard to privacy and confidentiality at all times;

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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

5.1.11. avoid unreasonable use of time during the VMP;

5.1.12. mute microphones when not speaking to minimise backgroundnoise;

5.1.13. use headphones or earphones to minimise echo and soundinterruption;

5.1.14. put other electronic gadgets on silent mode throughout the VMP;

5.1.15. refrain from the consumption of food and beverages that may
cause audible disruption to the proceedings;

5.1.16. take whatever measures or practices necessary to support theprocedural efficiency of the VMP; and5.1.17. comply with any other rules as set by the Mediator.

5.2.

In the event an essential Participant is disconnected during the VMP for
any reason, the Mediator may adjourn the proceedings, and the recordings
shall prevail in the case of any dispute as to what transpired immediately
after the Party’s connection had dropped.

6.

Document Referencing

6.1.

Documentary evidence shall be produced and referred to electronicallyduring the VMP.

6.2.

Alternatively, the Mediator may direct documents only be referenced
physically, i.e., in print or hard copy, during the VMP, or both physicallyand electronically, as desired.

6.3.

Where electronic documents are to be produced and referred to:

6.3.1.

the Parties shall agree on the Platform and Technology to be used
for the electronic production and the electronic reference of
documents during the VMP;
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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

6.3.2.

where required, more than one (1) Platform and/or Technology
may be adopted by the Participants;

6.3.3.

the Platform and Technology shall enable the Mediator, Parties,
and Witness at all Venues to simultaneously view and read the
documents;

6.3.4.

the Parties may agree on utilising a shared virtual document
repository or server to be made available via computers at all
Venues, provided that the Parties are satisfied with the security
and confidentiality of the Platform and Technology used;

6.3.5.

the Mediator may limit the Participants’ ability to access suchelectronic documents during the VMP;

6.3.6.

unless the Parties agree otherwise, electronic documents shall bereferred to and recorded in accordance with the electronic page
numbers ascribed by the Platform and Technology; and6.3.7.

participants shall be cognisant that pagination may vary acrossPlatforms and/or Technology and shall inform the Mediator ofsuch at the earliest opportunity to ensure appropriate directions
can be made by the Mediator regarding the manner of pagination.

6.4.

All other documents on the record which the Witness will refer to during
the course of his/her evidence must be clearly identified, paginated, andmade available to the Witness.

6.5.

Unless otherwise agreed in writing by the Parties, the Witness shall be
provided with an unmarked copy, i.e., a copy without any annotations,notes, or mark-ups of the Agreed Bundle of Documents or such volumesof the Agreed Bundle of Documents as the Parties agree or are required,at the start of the examination of the Witness.

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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

7.

Recording and Confidentiality of the VMP

7.1.

Further to Clause 3.4.1., the Parties and the Mediator shall satisfy
themselves that the Platform and Technology utilised for the VMP
adequately safeguard the confidentiality and privacy required of the VMP,for example against any hacking, illicit access, unlawful recording, orinterception by third parties, and compliance with data protection laws of
the relevant countries.

7.2.

Unless otherwise agreed in writing by the Parties, all Participants of the
VMP shall provide a written undertaking of confidentiality on terms to be
determined by the Mediator.

7.3.

Where the recording option has been selected, and disclaimer agreed toin the AIAC’s online booking form, the VMP shall be recorded by the AIAC,
and the recording shall only be disseminated by the AIAC.

7.4.

No recordings of the VMP, including a recording by the Host, shall be taken
without prior leave of the Mediator.

7.5.

Where the Mediator grants leave to record the VMP, such recording shall
only be made by the AIAC or Host as agreed to by the Parties and shall
only be disseminated as may be agreed between the Parties or as may bedirected by the Mediator.

7.6.

In the event the Parties agree and require the AIAC to record the VMP:

7.5.1.

such shall be recorded on the Platform hosted by the AIAC;

7.5.2.

the Parties shall give the AIAC written notice of at least two (2)Business Days prior to the start of the VMP to arrange for therecording; and7.5.3.

the recording may be deleted by the AIAC after two (2) Business
Days from the day the recording is disseminated.

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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

7.7.

The Parties and the Mediator shall ensure that the recording of the VMP
will be kept confidential upon dissemination.

7.8.

Unless otherwise agreed by the Parties, all matters relating to the VMP
shall be kept confidential, except where disclosure is permitted by law.

8.

No Liability

8.1.

Neither the AIAC, its employees, Director, Mediator, nor any Mediator
Assistant shall be liable for any act or omission related to the conduct of
the Virtual Mediation Proceedings governed under the Protocol.

8.2.

Neither the AIAC, its employees, nor the Director can be compelled to give
evidence in any arbitration or court proceedings relating to the VMP
conducted under the Protocol.

8.3.

The AIAC shall not be liable for any data protection, confidentiality, or
privacy breaches which may arise from the use of the third party VMP
Platform.

8.4.

The AIAC shall be reimbursed for any claims and proceedings issued by athird party for breach of data protection arising from third party Platform,
equipment, and software.

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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

Schedule 1 - Undertaking of Confidentiality, Privacy and Security

I,(NRIC/ Passport No.

(a)), hereby undertake that:

I shall not record any part of the VMP in whatever form unless authorisedin advance by the Parties and the Mediator;(b)

I shall not access the documents stored in the _[name of the agreed
platform]_ without prior authorisation from the Parties and the Mediator;(c)

I shall not disclose the documents, information, or contents of the VMP to
third parties without prior authorisation from the Parties and the Mediator
unless required by the law; and(d)I shall not allow the presence of any other person at the Venue who is not
a Participant to the VMP unless agreed by the Parties and directed by theMediator.

[Signature]………………………..
Name:
Date:

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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOLPART II: GUIDE TO THE AIAC VMP PROTOCOLGUIDE TO THE AIAC VMP PROTOCOLI.

Mediator’s Consideration

The Mediator shall ensure that all the Participants are properly notified of the agenda
for the VMP and that the Parties and Participants arrange for the necessary technicalaspects to test and connect to the Platform. In scheduling the VMP, the Mediator shallconsider:a) the different time zones of Participants, where applicable;b) the number of Venues and the possibility for the Mediator to be present in thesame Venue;c) the method of taking evidence from Witnesses to ensure that the integrity of
any oral evidence is preserved and given independently without any
interference and influence;d) the method for confirming and identifying all Participants, including any AIACIT Support Specialist, Venue IT Support Specialist, or Independent Supervising
Officer;e) the possibility of using demonstratives including screensharing views orelectronic Agreed Bundle of Documents hosted on a shared document platformthat guarantees access by all Participants;f)when allocating time during the VMP, the Mediator shall set aside time forhousekeeping matters, objections, applications, and any other unexpected
incidents or events; andg) to make any procedural order as the Mediator deems necessary.

II.

AIAC Online Booking Form

The AIAC online booking form shall be completed in advance of each VMP booking at
the AIAC. This booking form indicates the preliminary selection of the VMP Platform,
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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

date and timing of the VMP, test run date, and other technical assistance that may berequired for the VMP by the Parties and the Mediator. This booking form may also be
used by the AIAC to provide a quotation of the AIAC’s services for the intended VMP.
The Parties should be mindful to inform the AIAC ahead of time whether any
technological, logistical, legal, and administrative assistance and/or tools are required
and identify the Participants, specifying whether any breakout rooms are only forcertain Participants. The booking form shall be completed at least five (5) Business
Days prior to the scheduled VMP.

III.

AIAC VMP Protocol

The Protocol (Part I) serves as a reference document for best practices in conducting
a VMP. Although non-binding in nature, the Protocol contains definitions of terms used
in a VMP1 , which may be adopted by Participants of a VMP and guidance on theprocedural and practical aspects of conducting a VMP, including technological andlogistical requirements at the Venue, hearing etiquette, private Caucus etiquette,
document production, and matters pertaining to the recording and confidentiality of a
VMP. The Parties and the Mediator are also assisted with a flowchart of a VMP which
may serve as a useful reference. The Parties and the Mediator are requested tofamiliarise themselves with the Protocol and to endeavour to conduct the VMP in
accordance with the same.

IV.

VMP Platform

Unless otherwise agreed by the Parties and the Mediator, the default Platform to be
used for VMP shall be Zoom.

The above has regard to the need for selection of the most suitable VMP Platform toensure the efficient and effective conduct of a VMP.
There are two main categories of a VMP Platform – teleconferencing platforms andvideoconferencing platforms.

1

Any and all definitions used in the VMP Protocol shall have the same meaning herein.

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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

Both categories can be further sub-divided into:

a. IP-based platforms, i.e., those which rely on dedicated hardware/equipment
typically found in large firms and hearing centres, such as Polycom system;
andb. Cloud-based platforms, i.e., those which allow individual participants remote
access through specialised software applications, such as Zoom, WebEx,
Microsoft Teams, BlueJeans, and Skype for Business.

The VMP platforms available for use at the AIAC are third party solutions. The Parties
and the Mediator shall satisfy themselves that the third party Platform, equipment, andsoftware utilised for the VMP adequately cater the features requested by the Parties
such as breakout rooms and safeguard the confidentiality and privacy required of theproceedings, for example, against any hacking, illicit access, unlawful recording, orinterception by third parties. The AIAC will not be liable for any data protection,
confidentiality, or privacy breaches that may arise from the use of the third-party VMP
solution.

The AIAC has licences for the use of the Polycom System, Zoom, and WebEx tofacilitate a VMP. Further information on the available Platforms can be obtained bycontacting reservations.team@aiac.world.

V.

Test RunAt least two (2) Business Days prior to any VMP, the AIAC will conduct a Test Run
with the Parties, Mediator, AIAC IT Support Specialist, and any other Participants
and/or Observers. The purpose of this test run is to ensure that the selected
Technology, services, and Platforms work smoothly and as required for all
Participants. The test run also allows the Parties and the Mediator to: familiarise
themselves with virtual solutions, associated Technology, and functions used; request
for any unforeseen technological, logistical, or administrative support from the AIAC;
and/or to resolve any troubleshooting queries with respect to the Technology used to
conduct the VMP.

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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOLFor Hearings, Meetings, Conferences and Mediation Sessions, Parties and theMediator are encouraged to schedule a Test Run with the AIAC at least forty-eight (48)hours prior to the VMP.

The duration of the test run depends on the number of Participants, the types ofTechnology used, the scope of the services to be provided by the AIAC, and thecomplexity of any troubleshooting queries. Generally, the test run will be anywhere
between 30 to 90 minutes.

The Parties and the Mediator shall also consider whether any individual test runs are
required. This may be useful where a Mediator decides to be a Host of the VMP. By
allowing the Mediator to test the Technology at his own pace, it will allow for him/her
to be more familiar and comfortable with the Platform and thereby giving him morecommand of its features during the VMP. If an individual test run is required, the AIAC
shall be notified of the same at least two (2) Business Days prior to the test run with
all Participants to ensure the smooth conduct of the VMP.

VI.

Attendees

The potential attendees in a VMP are identified in Clause 4.3.1. of Part I. To safeguard
the privacy and confidentiality of the VMP, it is imperative that only those authorised
to be present at the VMP are provided with an electronic link to log in to the VMP.

In some instances, the Parties and the Mediator may consider live streaming the main
hearing to authorised Observers through a designated link. If such is agreed, the AIAC
must be informed to create the appropriate link and monitor the Observers.

VII.

Breakout Rooms

In a mediation session, breakout rooms are essential for private deliberations as wellas private Caucuses during the proceedings. A similar mechanism can be replicatedin virtual platforms such as Zoom, whereby a virtual breakout room can be created.
The Parties and the Mediator need to consider the number of virtual breakout rooms
that may be required during a mediation. Configurations for such virtual breakout
rooms may include virtual rooms for the:a) Mediator or Mediator and Mediator Assistant;
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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOLb) Parties and/or Party Representatives;c) Mediator and Party Representatives;d) Party Representatives; ande) Witnesses only.

For this reason, the AIAC requests for a list of Participants for each dedicated virtual
breakout room to ensure that the room allocations are appropriately managed, andconfidentiality concerns are mitigated in a timely manner.

VIII.

Screensharing

Screensharing is a function of the Platform that allows a Participant to share theirdisplay screen with all other Participants in the VMP. It is advantageous where anelectronic Agreed Bundle of Documents is to be used as part of the proceedings,
especially in the absence of engaging a third party Electronic Presentation of Evidence(“EPE”) provider. Where the screensharing function will be used, the AIAC will run
through the operation of this function with the relevant Participants during the test run.

IX.

AIAC IT Support Specialist

An AIAC IT Support Specialist will be assigned to every VMP. The scope of the AIACIT Support Specialist’s role will be as follows:a) to provide adequate technical support to ensure that any technologicaldifficulties encountered by the Parties and the Mediator are minimised;b) to take control of a Participant’s device remotely, with the Participant’s consent
for the purpose of rendering technical assistance; andc) to be available on-call throughout the VMP where physical presence is not
required for its entirety.

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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOLThe AIAC IT Support Specialist cost is embedded into the AIAC’s VMP Rates, which
are available here.

X.

Venue IT Support Specialist

The Participants who log in remotely from a Venue shall ensure a Venue IT Support
Specialist is on standby to assist them during the VMP. The Participants are at liberty
to designate the Venue IT Support Specialist of their choice. The identity of thedesignated Venue IT Support Specialist shall be circulated amongst the Participantsof the VMP before the same takes place.

XI.

Host of VMP

The Host is the individual who has overall technological control of the VMP. The
functions a Host can undertake include placing people, including a Witness, into andout of a breakout room and controlling the commencement and closure of each VMP
session.

Generally, the Hosts will be the AIAC IT Support Specialist assigned to the VMP, andthe Mediator Assistant, if any, would be a co-Host where such has been agreed to by
the Parties and the Mediator.

In some instances, the Mediator may also be inclined to be the co-Host of the VMP. In
such a case, the AIAC can do a test run with the Mediator to ensure he is comfortablewith using the Host functions. This is an option that is available in the AIAC online
booking form.

XII.

Recordings of VMP

The AIAC is able to record VMP for the use of the Parties and the Mediator. Bothaudio-only and audio & video recording options are available. Guidance on the AIAC’srecording services for VMP is found in the Protocol. Where the Parties and theMediator indicate that they would like a VMP recording, the same may be specified in
the AIAC online booking form.

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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOLXIII.

Electronic Presentation of Evidence

An EPE system allows evidence to be displayed to all Participants in a VMP
simultaneously. The Parties may manage the system themselves by having Counsel
to navigate, or it may be operated and managed by a third-party service provider, suchas Scribe, Opus 2, and Epiq with access to the Agreed Bundle of Documents.
When using an EPE, the Parties should agree on a practical naming convention to be
used throughout the Agreed Bundle of Documents. Such should also be
communicated to the third party service provider, if involved. This allows for theevidence to be easily displayed on the EPE and assists with keeping track of the record
within the transcript.

To ensure the EPE runs smoothly, the Parties should confirm that it is compatible withthe bundling format and system used for the VMP.

XIV.

Declaration

By completing the AIAC online booking form the Parties and the Mediator agree to use
the VMP Platform at their own risk. To reiterate, the VMP Platform used by the AIAC
is a third party platform. Hence, the AIAC shall not be liable for any failures, breaches
of data and/or confidentiality, losses, or damages that may occur.

XV.

Procedural Irregularities

In the event a procedural irregularity occurs due to a technical or connectivity issue,
the Mediator shall ensure that all reasonable measures were taken to avoid any
advantages being provided to one Party. For the avoidance of doubt, if the Mediator isconcerned that an advantage may be provided, it should adjourn the VMP until theissue can be resolved and shall provide written reasons for proceeding in such amanner.

XVI.

Tips and VMP Etiquette

The following is a non-exhaustive list of tips and etiquette for the Participants toconsider when preparing for or conducting a VMP. These tips are merely
recommendations and not mandatory guidelines for VMP.
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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

General Tipsa) Internet Connection: at times, wireless internet connection can be unstable;
therefore, where possible, use an ethernet cable.

b) Bandwidth Requirements: each Platform recommends a minimum standard of
bandwidth requirements to ensure a smooth connection. Parties are advised
to check the bandwidth requirements of the agreed Platform. Zoom, forexample, has the following minimum requirements: 2
For group video calling:
800kbps/1.0Mbps (up/down) for high quality video
For gallery view and/or 720p HD video: 1.5Mbps/1.5Mbps (up/down)
Receiving 1080p HD video requires 2.5mbps (up/down)
Sending 1080p HD video requires 3.0 Mbps (up/down)c) Room Settings: quiet room, away from distractions or uninvited guests,
including animals that may disrupt the VMP.

d) Audio: use of a noise-cancelling headset or headphones is recommended tominimise external disruptions. Desktop speakers with a microphone with USB
connectivity may be used but is not recommended.

e) Camera: where possible, use a separate webcam from the built-in camera ona laptop, which is typically not of high quality. Position the camera at eye level.

f)Lighting: to avoid shadowing effects and squinting, replace natural light withlamps. If using lamps, white bulbs are preferred over yellow incandescentbulbs.

g) Background Set-up: virtual backgrounds and/or blurring functions in any formshall not be used in the VMP to ensure full confidentiality and to prohibit third
party interference with the VMP, such as Witness coaching. When positioning
their camera, Participants shall ensure that the background is proper, i.e.,
neutral-coloured walls or office or library settings.
2

See https://support.zoom.us/hc/en-us/articles/201362023-System-requirements-forWindows-macOS-andLinux#:~:text=For%201%3A1%20video%20calling%3A%20600kbps%20(down)%20for,%3A%2060%2D80kbps%20(down)

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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOLh) Backup Communication: in the event of technological difficulties, which may be
encountered, a backup communication system should be in place, with options
including external teleconference, WhatsApp, iMessage, Slack, Skype, etc.

i)

Screen Set-up: ideally, Participants should have more than one screen
available. These may include the primary desktop, laptop, and external
screens. One possible set-up is to have four screens for the (1) video stream,(2) EPE, (3) transcript, and (4) communications.

j)Visible Participants: throughout the duration of the VMP, the Mediator andParties, if not represented, or Parties’ Representatives shall be visible at all
times. During the examination of any Witness, the Witness shall be visible to
all Participants.

k) Translation and/or Interpretation: in the event translation and/or interpretation
services are required, such shall be done simultaneously. The Parties and theMediator may either agree to have a Translator simultaneously translate thetranscript or for an Interpreter to be present and simultaneously translate theoral submissions or witness examinations as may be the case.

l)Disconnection:(i) Mediator: in the event a Mediator is disconnected, the VMP shall stop,and the AIAC IT Support Specialist shall contact the disconnected
Mediator by means of the backup communication to resolve the issue.
If the issue is not resolved within a timely manner (15-20 minutes), thenthe VMP shall adjourn until the technical difficulty can be resolved.
(ii) Parties/Parties’ Representatives: in the event the Party or Party’s
Representative is disconnected, the VMP shall stop, and if stillconnected,

another

individual

of

the

Party

or

the

Party’sRepresentative’s team or the AIAC IT Support Specialist shall contact
the disconnected Party/Party’s Representative by means of the backup
communication to resolve the issue. If the issue is not resolved within atimely manner (15-20 minutes), then the VMP shall adjourn until thetechnical difficulty is resolved.
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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL(iii) Participants, other than those in items a and b above: in the event a
Participant is disconnected from the VMP, the VMP should continue toproceed, and the Party with whom that Participant is associated should
contact the Participant using a backup communication to swiftly resolve
the issue. The AIAC IT Support Specialist will be available to assist if
needed.

m) Connectivity: in the event the connectivity, i.e., the connection to the Platformand Technology, is clear during one of the Party’s submissions, examinations,etc., but “spotty”, “lagging”, or otherwise having issues during another Party’s
submissions, examinations, etc., the Parties and the Mediator should consider
adjourning the VMP until the connectivity is clear.
n) “Time Buffers” and/or Backup Dates: when determining the time allocated for
the VMP, the Parties and the Mediator should consider allocating time buffers
and/or backup dates for the VMP. For any joint sessions, Caucus,
examinations, etc., that require simultaneous translation and/or interpretation,a time buffer should be allocated for such. Additionally, if, for example, theconnectivity, i.e., connection to the Platform and Technology, is clear during
one of the Party’s Caucus, examinations, etc., but “spotty”, “lagging”, orotherwise having issues during another Party’s Caucus, examinations, etc., theParties and the Mediator should consider adjourning the VMP until theconnectivity is clear.

o) Independent Supervising Officer: if an Independent Supervising Officer isappointed to observe a Witness during examination and/or cross-examination,such Independent Supervising Officer shall produce an affidavit stating it isneutral, independent, and impartial of all Parties, Party Representatives,
Mediator, and Mediator Assistant, and that it shall undertake the overseeing of
the Witness examination and/or cross-examination to ensure no improper
assistance is provided to the Witness and the evidence is given independently
without any interference and influence.

p) Venue: all Venues of the VMP, i.e., the individual locations from which theparticipants will participate in the VMP, should have printing and emailing

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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

facilities in case documents need to be sent, viewed, and/or executed during
the course of the VMP.

Before and/or During VMPa) Before the Mediation, the Mediator may schedule several early calls with each of
the Parties to complete the exploration and possibly the beginning of the bargaining
stage before bringing all Parties together.

b) At the outset of the VMP, the Parties shall identify the lead speaker as well as
provide a list of all Participants to the Mediator and Transcriber, if applicable.

c) The Mediator shall explain Caucus and how it will work, what that process looks
like, what to expect and other housekeeping rules: separate private virtual breakout
rooms, where Parties can still communicate with mediators via “chat” function, andwhere the Mediator will bring parties back together in the main session if and whenappropriate as well as the method of transition to the main session.

d) The Parties and the Mediator shall agree on the compilation and labelling of theelectronic bundle of documents to be used in the VMP well in advance. Options forthe electronic storage of the Agreed Bundle of Documents should also be
considered by the Parties and the Mediator, such as a virtual document repository
through a cloud-based storage system, including Dropbox and Google Drive, etc.

e) If hard copy bundles of documents are to be referenced during the VMP, allParticipants shall have access to the relevant documents, and the hard copies
must be identically paginated, collated, and labelled.

f)

Prior to any virtual hearing, the Parties and the Mediator shall agree to the durationand frequency of breaks and/or Breakout Session & Caucus throughout the VMP,
as well as the logistics in respect thereof, including whether: everyone needs tosign in and sign out; everyone will be placed into breakout rooms; should the video
continue running but audio set on mute, etc.

g) Where transcription services are to be engaged, consider: whether access to live
transcription will be possible and whether it is required; how live transcription will
be displayed at each Venue, including the need for additional screens; whether the30

PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

transcription provider’s platform allows for annotations and notes; and how dailytranscriptions will be shared between the Parties and the Mediator.

h) Where Translators or Interpreters are to be engaged, consider: whether asimultaneous or sequential interpretation and translation are required; whether theinterpretation and translation are to be made in multiple languages which require
separate audio feeds; etiquette to minimise the interruption of the interpreters;
whether audio recordings of the interpretation and translation are required to verify
their accuracies, etc. Timing should also be considered where translators areengaged as it will invariably extend the duration of the Witness examination or
cross-examination being undertaken.

i)Where Observers are present only to observe and are not to appear, participate,or speak in the proceedings, the Parties and the Mediator should consider having
a separate live stream of the main proceedings through a password-protected link.

j)

On the Mediated Settlement Agreement, the Parties and the Mediator are to agree
in advance as to how the settlement agreement will be drafted and executed.

During VMPa) At the commencement of each VMP, the Mediator should verify the identitiesof the Participants and confirm that the Observers have been provided access.

b) At all times, the Mediator and the individual speaking should be visible to theParticipants. Those not speaking should mute their audio to minimise any
interference with sound/audio quality.

c) Participants in the VMP should use their best endeavours to adhere to the VMP
Etiquette set out in Clause 5. of Part I.

d) Screensharing should be used for the presentation of demonstrative exhibits
and visual aids where possible.

e) Breakout Session & Caucus: The flow and conduct of the Mediation shall be at
the discretion of the Mediator, which may include several private Caucus andjoint sessions. The Mediator shall ensure that both Parties are treated with31

PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

equality and fairness at all times during the proceedings. The agreed Platform
shall have the capability to feature Breakout Session and Caucus.

f)Mediated Settlement Agreement: The Mediator and the Parties shall agree on
a Platform and/or Technology to be used to create, transmit, and sign theMediated Settlement Agreement. The role of the parties in drafting theMediated Settlement Agreement shall also be agreed upon by the Parties andthe Mediator.

g) All Venues of the VMP, i.e., the individual locations from which the Participants
will participate in the VMP, should have printing and emailing facilities in casedocuments are needed to be sent and/or viewed/executed during the courseof the VMP.

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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL

Flowchart of the Virtual Mediation Process(Please be informed that the flowchart below is for general illustrative purposes only. The AIAC,
the Parties and the Mediator are at liberty to depart from the below procedure.)

1.

Schedule the Mediation Sessiona) The Parties or either Party to submit the Online Application Form to
the AIAC.3b) AIAC to confirm the following to the Parties and the Mediator:(i)

Designated AIAC Case Counsel/Mediator Assistant;(ii)

Approval to the application;(iii)

Case reference number;(iv)

Privacy and confidentiality expectations;(v)

Schedule of the test run; and(vi)

Direction to upload all material documents for easierreferencing.

2.

Prior to Test Runa) AIAC to:(i)provide the necessary direction of the Platform to the Parties
and the Mediator, and to reiterate the confidentiality of suchdirection;(ii)

forward any necessary protocol of the Platform to the Parties
and the Mediator;(iii)

ensure that Participants are only given entry to the Platform
upon approval by the AIAC;(iv)

ensure that the Platform has sufficient features to cater to any
request for Private Room;(v)

provide a contingency communication plan with alternative
methods of contact, e.g. conference line or parties’ phone
number; and(vi)

ensure that chat settings are disabled to avoid any
occurrence of private messaging between the Participants.

3

Please see the Online Booking Form for Virtual Hearings

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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOLb) Parties and Mediator to:(i)decide whether the test run with the Parties and the Mediatoris to be conducted separately or jointly;(ii)

as far as possible, to ensure that the Participants of VMP areaccessing the same facilities and settings that will be used in
the actual VMP;

(iii)

test audio and video on the devices. If using a mobile
device, ensure it is fully charged and/or connected to acharging cable;(iv)

ensure the stability of internet connection;(v)

silence other devices, turn off notifications and check the
background; and(vi)

secure its workspace from interruptions. Inform any persons
in the vicinity that they will be unavailable and in a
private/confidential meeting during the time scheduled.

3.

Test Runa) AIAC to confirm the following:(i)that the Parties have agreed to participate in mediation andvirtual mediation hosted by the AIAC;(ii)

that the Parties will be displaying their full name in the
Platform;(iii)

that the audio, internet, and video connection are compatible;
and

(iv)

that the Parties and the Mediator are aware of the virtual
mediation process and its housekeeping rules.

b) AIAC and the mediator to discuss the following Zoom features:(i)

Virtual waiting room;(ii)

Main Room;(iii)

Screen-sharing;(iv)

Private Room;(v)

Joint session; and34

PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOL(vi)

Presence of IT assistance.

c) AIAC to confirm the dates of the Mediation Session.

d) AIAC to check with the Parties whether there are documents to beshared and uploaded.

4.

Mediation Sessiona) Mediator to proceed with the following, as appropriate and as
determined by the Mediator:(i)

Introduction and Opening Statement.

(ii)

Reinforce confidentiality undertakings (as mentioned in the
AIAC Protocol and any agreed additions).

(iii)

Confirmation and verification from the Parties that they arealone and there is no other unauthorised person who is within
listening distance from the Parties.

(iv)

Confirmation that no recording session of any kind ispermitted.

(v)

Explanation that everyone is addressing one another by
actual name to facilitate communication.

(vi)

Explanation of Caucus and Breakout Session and how thatwill work with virtual private rooms.

(vii)

Confirmation that all material documents have been duly
uploaded.

b) Mediator to explain the ground rules:(i)Mediator to consider timing/duration of sessions, breaks andBreakout Session and Caucus.

(ii)

Mediator to keep the Parties clearly informed on logistics.

(iii)

Mediator to provide instructions on how to reconnect in theevent of disconnectivity and the back-up telephone or chatfunction to communicate.

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PROTOCOL ON VIRTUAL MEDIATION PROCEEDINGS (VMP PROTOCOL)AND GUIDE TO THE AIAC VMP PROTOCOLc) Mediator to:(i)proceed with Joint Session, Caucus and Breakout Session;(ii)

facilitate the drafting of the Mediated Settlement Agreement;(iii)

review Draft Mediated Settlement Agreement and Method for
Signing the Mediated Settlement Agreement; and(iv)

conclude or terminate the Mediation Session.

36