Cruz Escobar Iran

A01657036

UNCITRAL MODEL LAW Washington USA Mediation Act

Definition of A process, whether referred to by the expression Process in which a mediator facilitates communication and
mediation mediation, conciliation or an expression of similar negotiation between parties to assist them in reaching a
import, whereby parties request a third person or voluntary agreement regarding their dispute.
persons (“the mediator”) to assist them in their attempt
to reach an amicable settlement of their dispute arising
out of or relating to a contractual or other legal
relationship. The mediator does not have the authority
to impose upon the parties a solution to the dispute.
Principles of 1. The settlement agreement has to be apply and 1. Confidentiality
mediation enforced following the procedure rules of the 2. The agreement will follow the rules of the
State in question and under the conditions of the procedural State.
section.
2. If a dispute arises over a matter that one of the
parties claims is foresaw in the settlement
agreement, the party will invoke the agreement
to prove the issue has been already solved
under the procedure rules of the State and the
section of the UNCITRAL Model Law
Mediation 1. Starts with the parties agreeing to engage in a It is not contemplated.
procedural mediation proceeding.
stages 2. The parties will designate a mediator or more, if
that is what they agreed.
They can also request assistance from an
institution or person in connection with the
appointment of mediators.
3. The parties can agree a set of rules to conduct
the mediation process. If they do not do it or
they do not reach an agreement, the mediator
will conduct the mediation in the way he
considers appropriate, taking into account the
circumstances of the case.
4. All the information disclosed during the
 mediation meetings shall remain confidential,
except for those that have to be disclosed under
the law or for the purposes of implementation or
enforcement of a settlement agreement.
5. The mediation will terminated when the parties
reach an agreement; the mediator decides after
consulted the parties, that the mediation is no
longer required; and, if the parties or one party
decides it.
It is important to consider that mediation proceedings
may differ in procedural details depending on what is
considered the best method to foster a settlement
between the parties.
Appointment of There shall be one mediator, unless the parties agree The mediation parties use as a mediator an individual who
the mediator that there shall be two or more mediators. holds himself or herself out as a mediator or the mediation
Parties may seek the assistance of an institution or is provided by a person that holds itself out as providing
person in connection with the appointment of mediators mediation
Termination of The mediation will terminated when the parties reach It is not contemplated.
the mediation an agreement; the mediator decides after consulted the
parties, that the mediation is no longer required; and, if
the parties or one party decides it. In recommending or
appointing individuals to act as mediator, the institution
or person shall have regard to such considerations as
are likely to secure the appointment of an independent
and impartial mediator and, where appropriate, shall
take into account the advisability of appointing a
mediator of a nationality other than the nationalities of
the parties.
Requirements for Impartiality and independence. 1. Make an inquiry that is reasonable under the
the mediator circumstances to determine whether there are any
known facts that a reasonable individual would
consider likely to affect the impartiality of the
mediator, including a financial or personal interest in
the outcome of the mediation and an existing or
past relationship with a mediation party or
foreseeable participant in the mediation; and

Confidentiality All the information disclosed during the mediation
meetings shall remain confidential, except for those that
have to be disclosed under the law or for the purposes
of implementation or enforcement of a settlement
agreement.
a. Disclose any such known fact to the mediation
parties as soon as is practical before accepting
a mediation.
2. If a mediator learns any fact described in subsection
(1)(a) of this section after accepting a mediation, the
mediator shall disclose it as soon as is practicable.
3. At the request of a mediation party, an individual
who is requested to serve as a mediator shall
disclose the mediator's qualifications to mediate a
dispute.
4. A person that violates subsection (1) or (2) of this
section is precluded by the violation from asserting
a privilege under RCW 7.07.030.
5. Subsections (1) through (3) of this section do not
apply to an individual acting as a judge.
6. This chapter does not require that a mediator have
a special qualification by background or profession.
Mediation communications are confidential to the extent
agreed by the parties or provided by other law or rule of this
state.