Exclusion of, Challenge to, or Recusal, of Members
(1) A member of the Dispute Mediation Committee shall be excluded from deliberation and resolution on a case requested for dispute mediation pursuant to Article 43 (1) (hereafter in this Article referred to as “case”) if:
- The member or his or her current or former spouse is a party to the case or is a joint right holder or a joint obligor with respect to the case;
- The member is or was a relative of a party to the case;
- The member has given any testimony, expert opinion, or legal advice with respect to the case;
- The member is or was involved in the case as an agent or representative of a party to the case.
(2) Where the circumstances indicate that it would be impracticable to expect fair deliberations and resolution by a Committee member, any party may file a motion for challenge to the chairperson. In such cases, the chairperson shall determine whether or not to accept the motion without referring the motion to the Dispute Mediation Committee for resolution.
(3) Where any committee member falls under the case of paragraph (1) or (2), he or she may recuse himself or herself from deliberation and resolution on the case in question.