Mediation

- The term “Mediation Agreement” refers to an agreement between the parties to submit all disputes, existing or future, or some of them, to mediation. This agreement may take the form of a mediation clause in a contract or a separate mediation contract.

- The term “Mediator” includes a single mediator or all mediators if more than one is appointed.

- The term “Center” refers to the ACT Dispute Resolution Center for Mediation and Arbitration.

- Words in the singular or dual forms include the plural and vice versa, as the context may require. 

If a mediation agreement stipulates that mediation shall be conducted in accordance with the Center's mediation rules, these rules form part of the agreement. These rules apply as effective on the date the mediation commences unless the parties agree otherwise. 

a. A party wishing to initiate mediation under a mediation agreement must submit a written mediation request to the Center and notify the other party. The request can be sent via email or other electronic communication unless parties decide to use public or private courier services.

b. The request must include:  
1. Names, addresses, phone numbers, or emails of the disputing parties and their representatives.  
2. A copy of the mediation agreement.  
3. A brief statement of the nature of the dispute.  
 

1. If there is no prior mediation agreement, a party may submit a written mediation request to the Center and provide the other party with a copy. Such a request should include the details listed in Article 3(b)(1) and (3). 

2. The Center may assist parties in considering the mediation request, and a neutral third party may be appointed to facilitate discussions, potentially acting as a mediator with both parties' consent. 

The mediation officially begins on the date the Center receives the parties’ mutual consent to mediate. 

The Center promptly notifies both parties in writing upon receipt of the mediation request and confirms the start date. 

a.    Unless the parties agree on a mediator or appointment procedure, the Center will:  
1.    Provide both parties with an identical list of at least three potential mediators, including qualifications.  
2.    Allow each party to omit any unacceptable names and then rank the list of candidates.  
3.    Select a mediator based on preferences indicated, or independently appoint one if preferences do not align.
4.    Each party shall return the list after marking it to the Center within seven days from the date of its receipt. Any party that fails to return the list after marking it within that period is deemed to have approved all the candidates whose names appeared on the list.
5.    After the Center receives the two lists from the two parties, otherwise after the expiry of the period specified in the previous subparagraph, the Center shall appoint a mediator from the list, taking into account the preferences and objections expressed by the two parties.
b.    Notwithstanding the procedure set forth in Paragraph (a), the Center is authorized to appoint a mediator if it deems, in its discretion, that the procedure set forth in that paragraph is not appropriate for the case.
c.    By accepting his appointment, the selected mediator shall be deemed to have committed himself to providing sufficient time to begin the mediation expeditiously.
 

The mediator must remain impartial, independent, and neutral. 

a.    Parties may have representatives or advisors during mediation sessions.
b.    Upon the mediator’s appointment, each party must notify the other, the mediator, and the Center about their representatives or attendees' identities and roles.  
 

Mediation is conducted per the agreed-upon procedures, which may include telephonic or virtual meetings. If no agreement exists, the mediator determines the process, adhering to these rules. 

Each party must cooperate in good faith to ensure the mediation progresses swiftly.

The mediator may meet and contact either party individually, provided that it is clear that the information provided in those meetings or during those communications may not be disclosed to the other party without an explicit permission from the party that provided it.

(a)    The mediator shall, as soon as possible after his/her appointment and in consultation with the parties, establish a schedule of appointments for each party to adhere to in order to submit to the mediator and to the other party a statement summarizing the background of the dispute, the party’s interests and arguments regarding the dispute, and the current status of the dispute, together with any information and documents that the party considers necessary for mediation purposes and in particular to enable the issues in dispute to be determined.
(b)    The mediator may suggest at any time during the mediation that one of the parties provide additional information or documents that the mediator considers useful.
(c)    Any party may, at any time, submit to the mediator information or written documents that it considers confidential, for the mediator’s sole consideration. The mediator may not disclose such information or documents to the other party without written permission from the party that submitted them.
 

The mediator facilitates resolution without imposing any settlement. If mediation proves futile, alternative solutions like arbitration or expert determination may be suggested.  
(a)    The mediator encourages the parties to settle the disputed matters in any manner they deem appropriate. However, the mediator does not have the authority to impose a settlement on the parties.
(b)    If the mediator determines that any disputed issues between the parties are unlikely to be resolved through mediation, they may propose procedures or methods that are likely, given the nature of the dispute and any business relationship between the parties, to resolve those issues as effectively, efficiently, and economically as possible. In particular, the mediator may suggest the following:
(1) Referring specific issues to a decision by an expert.
(2) Resorting to arbitration, especially if the parties have agreed to a combined mediation and arbitration process.
(3) Having each party present final settlement offers. If no settlement is achieved, the mediator may declare the mediation process terminated.
 

Recording mediation sessions is strictly prohibited. 

Every person participating in the mediation, in particular the mediator, the parties, their representatives and advisors, any independent expert and any other person present during the meetings of the parties and the mediator, must respect the confidentiality of the mediation. He may not benefit from information related to the mediation or obtained during it, or disclose it to others unless the parties and the mediator agree otherwise. Each of these people must sign a pledge to commit to the confidentiality of the mediation before participating in it.

Every person participating in the mediation must return, upon its conclusion, any presentations of the case, documents or other documents to the party who submitted them, without retaining any copy thereof, unless the parties agree otherwise. Any notes taken by someone regarding the meetings of the parties and the mediator must be destroyed at the end of the mediation.

The mediator and the two parties may not rely on the following as evidence or in any other way in any judicial or arbitration proceeding, unless the parties agree otherwise:

(i) any opinion expressed or proposal made by either party regarding a possible settlement of the dispute;

(ii) any statement made by either party during the mediation;

(iii) any offer made by the broker or any opinion expressed by him;

(iv) Either one of the parties has or has not declared its willingness to accept any settlement offer issued by the mediator or the other party.

(v) any settlement agreement between the parties, except for purposes of enforcing the settlement agreement or otherwise as required by law.

Mediation ends upon: 

(i) The parties sign a settlement agreement covering any or all of the matters in dispute between them;

(ii) or the decision of the mediator if, in his or her judgment, it is unlikely that further mediation will lead to a settlement of the dispute;

(iii) or a written declaration issued by either party at any time.

(a)    Upon the conclusion of the mediation, the mediator shall promptly send a written notice to the Center indicating the conclusion of the mediation, specifying the date of termination, and whether or not a settlement was reached. If a settlement was achieved, the mediator shall indicate whether it was complete or partial. The mediator shall also send a copy of the notice submitted to the Center to both parties.
(b)    The Center shall maintain the confidentiality of the mediator's notice and shall not disclose the existence or outcome of the mediation to any person, except for the purposes of enforcing the settlement agreement or as otherwise required by law, without the written consent of both parties.
(c)    However, the Center may include information about the mediation in any aggregated statistics it publishes regarding its activities, provided that such information does not disclose the identity of the parties or allow for the circumstances of the dispute to be identified.
 

The mediator may not act in any capacity other than that of a mediator in any pending or future proceedings related to the subject of the dispute, whether those proceedings are judicial, arbitral, or otherwise, unless required by a court of law or declared in writing by both parties.

(a)    A mediation request is subject to an administrative fee payable to the Center, the amount of which is determined based on the schedule of fees, charges, and costs in effect on the date of the mediation request.
(b)    The administrative fee is non-refundable.
(c)    The Center shall not take any action on a mediation request until the administrative fee is paid.
(d)    If a party that submitted the mediation request fails to pay the administrative fee within 15 days of receiving written notice from the Center, the request shall be considered withdrawn.
 

(a)    After consulting with the mediator and the parties, the Center determines the mediator's fee, the currency in which it is to be paid, the methods of payment, and the payment schedule.
(b)    The fee amount is calculated based on an hourly or daily rate, if applicable, as stipulated in the schedule of fees, charges, and costs in effect on the date of the mediation request. The calculation takes into account the amount in dispute, the complexity of the case, and any other relevant circumstances, unless otherwise agreed upon by the parties and the mediator.
 

(a)    Upon the appointment of the mediator, the Center may require both parties to deposit equal amounts as an advance for the costs of mediation, including, in particular, the estimated mediator's fees and other mediation expenses. The Center determines the deposit amounts.
(b)    The Center may require the parties to deposit additional amounts as needed.
(c)    If either party fails to deposit the requested amount within 15 days of receiving written notice from the Center, the mediation is deemed terminated. The Center shall notify both parties and the mediator in writing, specifying the date of termination.
(d)    Upon the conclusion of mediation, the Center shall provide the parties with an account statement for the deposited amounts and refund any unused balance or request payment of any outstanding amounts.
 

The parties shall share equally the administrative fees, the mediator's fees, and all other mediation expenses, including, in particular, necessary travel expenses for the mediator and costs associated with expert services, unless otherwise agreed by the parties.

Neither the mediator nor the Center shall be liable to any party for any act or omission related to any mediation conducted under these rules, except in cases of willful misconduct.

By agreeing to mediation, the parties and the mediator consent to waive reliance on any written or oral statements or comments made by themselves or their representatives during the preparation for or conduct of the mediation as a basis for filing or supporting any claim of defamation or libel. They further agree that this article may be used as a defense to dismiss any such claims.

The parties agree, to the extent permitted by the applicable law, to suspend the limitation period concerning the dispute under mediation from the date mediation begins until the date it concludes.