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The Irish Commercial Mediation Association Limited (the “Company”) is a company limited by guarantee and it is the legal entity which exerts central management and control through its board of directors, over the Irish Commercial Mediation Association. In reaching decisions, the members and directors of the Company will take cognisance of the views of the members of the Association (the rules for which body are set out in this document) and the views of the Council (the rules for which body are set out in a separate document).
The Irish Commercial Mediation Association (the “Association”) is an association of members who have an interest in the promotion or utilisation of commercial mediation as a method of dispute resolution. The Council of the Irish Commercial Mediation Association (the “Council”) shall be elected by the members of the Association except for two of the member Directors of the Company, who will also be members of the Council.
1. Any person, organisation, body, firm or company is entitled to apply to the Secretary of the Association (the “Secretary”) for membership of the Association. To succeed with an application for membership, an applicant must satisfy the following conditions.
a) Pay the appropriate membership subscription that is set by the Council;
b) Submit an application on a form to be provided by the Secretary of the Association and
c) Have that application approved by the Council.
2. The categories of membership can be varied by the Council. Initially, there will be the following categories of membership of the Association - Ordinary Membership and Directory of Mediators Membership
The following may apply for ordinary membership
(a) Individuals with an interest in commercial mediation
(b) Recognised educational and training bodies, supplying services to those interested in commercial mediation.
(c) Professional associations with an interest in commercial mediation.
(d) Representative trade bodies having an interest in commercial mediation.
(e) Any person, organisation, body, firm or company with an interest in commercial mediation and demonstrating a financial or other commitment to the Association as agreed by the Association.
Directory of Mediators Membership
Individuals with a qualification in mediation who are also Ordinary members may apply for Directory of Mediators membership either working on their own account or with an organisation/company provided that
(a) Anyone with a qualification in mediation must produce copies of relevant certificates of qualification on request of the Council
(b) All Directory of Mediators members must warrant the accuracy of their application details and ensure the continued accuracy of the information.
(c) The Council of ICMA accepts no responsibility of any inaccuracies in the application details.
3. The Council is entitled to set different membership subscription levels for different membership categories.
4. Any organisation, body, firm or company seeking membership of the Association must designate in writing on its application form, the person who will represent them at meetings of the Association.
5. As part of the application for membership of the Association, the applicant must give an undertaking in writing that they will abide by the Memorandum and Articles of Association of the Company, the rules of the Association and the rules of the Council where applicable. The applicant must also give an undertaking that at any time after ceasing to be a member of the Association, the applicant will not use or permit to be used the name of the applicant in association with any designation or expression which states expressly or impliedly, that the applicant is a member of the Association.
6. Any applicant for membership must submit with the application, the appropriate membership subscription, as designed by the Council from time to time. Thereafter, the membership fee is payable on 1 January of each year and is payable in advance. Where an applicant is accepted as a member after 30 June in any year, that applicant will be liable only to pay one half of the annual subscription fee set for the category of membership for which the applicant makes application.
7(a). Any member who fails to pay a membership subscription or any other fee or levy requested by the Council within 60 (sixty) days of that subscription, fee or levy having been requested by notice in writing, shall be liable to be removed from membership. Once that 60 (sixty) day period has elapsed, a written notice will be sent to the member calling for payment of the outstanding sum due within 7 (seven) days. If the payment is not made within 7 (seven) days, the member will be notified in writing by the Secretary that his/her membership has terminated, and his/her name shall be removed from the Register of Members. Where membership has been terminated in these circumstances, it is at the discretion of the Council whether or not to re-admit any such former member to membership of the Association at any time in the future.
7(b) Any Directory of Mediators member who fails to provide copies of relevant certificates of qualifications promptly when requested to do so or whose certificates of qualification, when produced, are not as previously set out by the member in the application, may be removed from membership of any sort, by decision of the Council. Where membership has been terminated in these circumstances, it is at the discretion of the Council whether or not to re-admit any such former member to membership of the Association at any time in the future.
Register of Members
8. A Register of Members of the Association will be maintained by the Secretary. A name will only appear on the Register of Members where the application for membership has been accepted by the Council and the annual subscription is fully paid up. In the event of removal of membership as set out in 7 above, a name will be removed from the Register and the Directory of Mediators immediately following a Council decision to that effect.
9. Only members on the Register of Members are entitled to vote at General Meetings of the Association and on the election of members to the Council.
Disciplinary Process for Members
10. Members of the Association are obliged to conduct themselves in a professional and courteous manner, in their dealings with other members of the Association and in their dealings with any non-members, when they are acting on behalf of the Association.
11. The members of the Association will meet at least once every year at an annual General Meeting (“the AGM”), at a time and place to be determined by a resolution of the Council. The members are entitled to meet for an extraordinary General Meeting (“EGM”) in circumstances where thirty members submit a petition in writing to the Secretary, giving notice of a time, date and location for such a meeting to take place, and a reasonable description of the business sought to be dealt with at the meeting, 14 (fourteen) clear days in advance.
12. A member is entitled to resign his/her membership by submitting a notice in writing to the Secretary. Except where a member is removed from membership, any member resigning his/her membership is not entitled to be refunded any part of the membership fee.
13. The members of the Association are entitled to nominate vote for and elect fellow members to positions on the Council and voting will be done by secret ballot at the AGM of the Association. Save that at the first AGM of the members, the interim council will remain in office until a vote has been taken in respect of each of the positions on the Council.
14. The members of the Association are entitled to call an EGM to vote on the removal of any Member of the Council. A vote to remove a member of the Council will be effective if a resolution is passed by a simple majority of those present and entitled to vote and the Council member shall cease to be a member of the Council immediately any such resolution is passed.