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MEDIATION RULES
AND FEE SCHEDULE
1. Any party or parties to a dispute wishing to 9. The mediation and the correspondence with
initiate mediation may do so by filing with ADR ADR Center Global shall be conducted in the
Center Global a submission to mediation or a language agreed upon by the parties.
written request for mediation pursuant to these
Rules. Art. 3 Preliminary Mediation Session
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2. Any mediator, whether selected jointly by the Art. 8 Conduct of the Mediation and Authority of
parties or appointed by ADR Center Global, will the Mediator
disclose both to ADR Center Global and to the
parties whether he or she has any financial or
personal interest in the outcome of the 1. The mediator may conduct the mediation in
mediation or whether there exists any fact or such a manner as he or she considers
circumstance reasonably likely to create a appropriate, taking into account the
presumption of bias. Upon receiving any such circumstances of the case, the wishes of the
information, after soliciting the views of the parties and the need for a speedy settlement of
parties, ADR Center Global may replace the the dispute. The mediator does not have the
mediator. authority to impose a settlement on the parties.
The mediator is authorized to conduct both joint
3. Any Party may, separately or jointly and at any and separate meetings with the parties. If
time, ask ADR Center Global for the mediator to requested, the mediator may make oral or
be replaced where, in their view, there are written non-binding recommendations
circumstances that give rise to doubt about the
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1. The mediation process shall terminate where: 1. The mediator will interpret and apply these
a. Payment requested by ADR Global have Rules insofar as they relate to the mediator’s
not been made; duties and responsibilities. All other procedures
b. Parties reach a settlement; will be interpreted and applied by ADR Center
Global.
c. Parties fail to reach an agreement;
d. Parties declare that they have, or appear Art. 13 Costs and fees
to have, no interest in continuing the
process;
e. The limit established in advance for the 1. Unless otherwise agreed in writing, Parties are
duration of the mediation has expired subject to the Mediation Schedule Fee effective
and the parties and the parties have no on the date of the request of the mediation.
agreed to extend it.
Art. 14 Role of Mediator in Other Proceedings
Art. 10 Confidentiality
1. Unless all parties agree in writing, the
mediator may not act as an arbitrator in any
1. Unless otherwise agreed by the parties
arbitral proceedings relating to the dispute that
notwithstanding national legislation, all
was the subject of the mediation.
information, records, reports or other
documents received by a mediator while serving
2. In any case, the mediator cannot not act as a
in that capacity will be confidential. The
representative of, or counsel to, a party in any
mediator will not be compelled to divulge such
arbitral or judicial proceedings relating to the
records or to testify or give evidence in regard to
dispute that was the subject of the mediation.
the mediation in any adversary proceeding or
judicial forum. The parties will maintain the
Art. 15 Governing Law and Jurisdiction
confidentiality of the mediation and will not rely
upon or introduce as evidence in any arbitral,
judicial or other proceeding: 1. The mediation shall be governed by,
a. views expressed or suggestions or offers construed and take effect in accordance with the
made by another party or the mediator in laws where the mediation takes place. The
the course of the mediation proceedings; courts of the state where the mediation takes
place have exclusive jurisdiction to settle any
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