Who may order the submission of materials or the collection of evidence before the first mediation date in a press arbitration case, and for what purpose?
General information · Not legal advice
Material to check
In the practice file we read the mediation application, to see whether the dispute seeks correction of a report or damages for a disputed expression, the copy of the expression itself, the notice fixing the first mediation date, and any written order made by the chair of the mediation board.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading places this power in the chair of the mediation board rather than the board as a whole: where the submission of materials or the collection and reporting of evidence materials is needed for prompt mediation, the chair may order it even before the first mediation date.
Another reading notes that the pre-first-date order reaches only what the provision names — the submission of materials and the collection and reporting of evidence materials — while the power to conduct evidence investigation itself is given to the mediation board, so the chair's earlier order does not by itself amount to evidence investigation.
Your judgment
How could a party show what in the file made an order before the first mediation date necessary for prompt mediation?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may order submission or evidence collection before the first mediation date, or if a decision explains what counts as necessary for prompt mediation.