|Commencing Mediation – prior existing agreement to mediate
|Commencing Mediation – no prior agreement
|Appointment of Mediator
|Statements by the Parties
|Conduct of the Mediation
|Conclusion of the Mediation
|Judicial or Arbitral Proceedings
|Confidentiality and Privacy
|Limitation of Liability
In case parties have agreed on mediation of existing or future disputes under the rules of CIICA, the parties shall be deemed to have agreed that the mediation shall be conducted in accordance with these rules (the “Rules”) or such amended/revised rules as CIICA may have adopted hereafter to take effect before the commencement of the mediation. The Schedule of Costs, current or updated (the “Schedule”) in effect at the time the mediation is commenced is also included in the Rules.
1.1 If there is a prior agreement to mediate under the Rules (a “Prior Agreement”), any party or parties wishing to commence a mediation shall send to CIICA’s Secretariat (“the Secretariat”) a written request for mediation (the “Request for Mediation”), which shall state:
- the nature of the dispute;
- the value of the claim;
- the parties’ names and contact information including addresses, telephone numbers and e-mail addresses;
- the parties’ legal representatives names and contact information including addresses, telephone numbers and e-mail addresses; and
- the name and any other relevant information about the proposed mediator (if any) by the party/parties requesting mediation.
1.2 In case the Request for Mediation is not made jointly by all parties to the Prior Agreement, the party requesting mediation shall send a copy of the Request for Mediation to the other party/parties at the time the request for mediation is made.
1.3 The registration fee shall be paid at the time the Request for Mediation is submitted to complete the registration process.
1.4 In case of a Prior Agreement, the mediation’s commencement date shall be the date on which the Secretariat receives the Request for Mediation and the registration fee.
1.5 CIICA shall appoint a mediator as soon as practicable after the commencement of the mediation, taking into consideration any nomination, or method or selection criteria agreed in writing by the parties, and subject to Article 8 of the Rules.
2.1 If there is no Prior Agreement, any party or parties wishing to commence a mediation under the Rules shall send a Request for Mediation to the Secretariat. The Request for Mediation shall include the following:
- Description of the nature of the dispute and value of the claim;
- the names, addresses, telephone, facsimile, numbers and e-mail addresses of the parties to the mediation;
- the names, addresses, telephone and facsimile numbers and e-mail addresses of their legal representatives; and
- the names, addresses, telephone and facsimile numbers and e-mail addresses of the mediator proposed (if any) by the party or parties requesting mediation.
2.2 The Request for Mediation shall be registered once the registration fee prescribed in the Schedule is paid.
2.3 If the Request for Mediation is not made jointly by all parties to the dispute:
a)the party commencing the mediation shall send a copy of the Request for Mediation to the other party or parties at the same time it is sent to the Secretariat; and
b)the other party or parties shall, within 14 days of receipt of the Request for Mediation, inform the Secretariat in writing whether or not they agree to mediation of the dispute.
2.4 If the other party or parties either declines mediation, or fails to agree to mediation within the 14 days referred to in Article 2.3(b), there shall be no mediation under the Rules and the Secretariat shall accordingly advise the parties in writing.
2.5 If there is no Prior Agreement, the date of commencement of the mediation shall, subject to payment of the registration fee, be the date on which the agreement to mediate is reached in accordance with Article 2.3(b).
2.6 CIICA shall appoint a mediator as soon as practicable after the commencement of the mediation taking into due consideration any nomination, or method or selection criteria agreed in writing by the parties, and subject to Article 8 of the Rules.
3.1 Before the mediator’s appointment by CIICA, the mediator shall furnish the Secretariat with a written CV/résumé and he or she shall sign a declaration to the effect that there are no reasons/circumstances in his or her knowledge that are likely to raise any justifiable doubts regarding his or her impartiality or independence, other than anyreasons/circumstances disclosed by him or her in the declaration. A copy of the mediator’s CV/résumé and declaration shall be provided to the parties.
3.2 If the mediator has made a disclosure, pursuant to Article 3.1, or if a party independently knows of reasons/circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence, a party can object to his or her appointment, in which case CIICA shall appoint another mediator.
4.1 The parties may agree on the specific form and method of submitting their respective cases to the mediator, provided that, unless they have agreed otherwise, each party shall submit to the mediator, no later than 7 days before the first scheduled mediation session:
- a written statement summarising its case;
- the background to the dispute;
- the issues to be resolved; and
- copies of document referred to or relied upon in the written statement.4.2 Each party shall submit a copy of the written statement and supporting documents to the other party or parties at the same time these are submitted to the mediator.
5.1 The mediator may conduct the mediation in a manner he or she deems proper and appropriate in view of the circumstances of the case and any reasonable requests/preferences of the parties.
5.2 The mediator may communicate with the parties orally or in writing, together, or individually/separately. The mediator may convene a meeting or meetings at a venue chosen by the mediator after consultation with the parties.
5.3 Nothing submitted or communicated to the mediator either orally or in writing in private during the course of the mediation shall be repeated/forwarded to the other party or parties, without the express consent of the party making the submission or communication to the mediator.
5.4 Each party, after being informed of any meeting being convened by the mediator, shall notify the other party and the mediator of the number and identity of those persons who will attend the meeting.
5.5 Each party shall authorise, in writing, a representative of that party who is authorised to settle the dispute on behalf of that party.
5.6 The mediator shall, unless otherwise agreed by the parties, decide the language(s) in which the mediation will be conducted.
The mediation proceedings will conclude when, either:
(a) a settlement agreement is signed by the parties; or
(b) the parties inform the mediator that in their view, a settlement cannot be reached and that they wish to terminate the mediation; or
(c) the mediator advises the parties that based on his or her assessment/judgement, the mediation process will not resolve the dispute(s); or
(d) the mediation process could not be completed within the time period provided in a Prior Agreement and the parties have not agreed to extend that time limit.
7.1 If settlement is reached, the parties shall draw up and sign a settlement agreement, setting out such terms. The parties may seek assistance of the mediator for this purpose.
7.2 Signing of the settlement agreement by the parties will make it binding on the parties.
8.1 The costs of the mediation shall include the Mediator’s Fees and Expenses, Time Reserved but not Used (if any), and CIICA’s Administrative Charges as mentioned in the Schedule (the “Costs”).
8.2 Once the mediation is commenced, CIICA will request the parties to submit, as soon as practicable, a deposit to be held on account of the Mediator’s Fees and Expenses and the Administration Charges (the “Deposit”). The Deposit shall be paid by the parties in equal shares or in such other proportions as they agree in writing.
8.3 In case a party fails to pay its share of the Deposit, the other party or one of the other parties may pay the party’s share to allow the mediation to proceed.
8.4 The Deposit has been paid in full before the mediator is appointed.
8.5 If the mediation was commenced pursuant to Article 1.4 or Article 2.5 of the Rules but a mediator is not appointed and the mediation does not proceed, CIICA’s Administration Charges shall be invoiced for immediate payment by the parties in equal shares, or in such other proportions as the parties have agreed in writing.
8.6 If the mediation does not proceed because a mediator is not appointed, by operation of Article 2.4 of the Rules, CIICA’s Administration Charges shall be invoiced for immediate payment by the party or parties that requested mediation.
8.7 If a mediator is appointed, and the mediation does proceed:
- At the conclusion of the mediation, CIICA shall determine the Costs;
- If the Deposit exceeds the Costs, the excess will be reimbursed to the parties in the proportions in which they have contributed to the Costs, or in such other proportions as the parties have agreed in writing; and
- If the Costs exceed the Deposit, the difference/shortfall will be invoiced for immediate payment by the parties in such proportions as the parties may have agreed in writing, or if there is no, such agreement, in such proportions as CIICA determines.
8.8 Any other costs incurred by the parties, including legal fees, experts’ fees or any other expenses will not be considered part of the Costs for purposes of the Rules.
Unless they have agreed otherwise, parties may initiate or continue any arbitration or judicial proceedings notwithstanding the mediation, in connection with the dispute that is the subject of the mediation.
10.1 All mediation sessions shall be private, and shall be attended only by the mediator, the parties and those individuals identified pursuant to Article 5.4.
10.2 The entire mediation process and all communications made in it including negotiations, oral and written statements and documents submitted shall be strictly confidential and covered by “without prejudice” or negotiation privilege.
10.3 Unless required by law or mutually agreed upon by the parties, neither the mediator nor the parties may disclose to any person any information regarding the mediation or any settlement terms, or the outcome of the mediation.
10.4 All documents or other information submitted by parties during the mediation will be privileged and will not, unless required by law, be admissible in evidence or otherwise discoverable in any litigation or arbitration.
10.5 The mediation proceedings shall not have a formal record or transcript unless agreed to by the parties.
10.6 Any admissions, proposals or views expressed by the parties or by the mediator during the course of the mediation shall not be referred to or relied on as evidence in any arbitral or judicial proceedings.
11.1 CIICA (including its officers and employees), the Secretariat and any mediator shall not be liable to any party howsoever for any act or omission in connection with any mediation conducted under the Rules, except (i) where the party proves that the act or omission constitutes deliberate wrongdoing committed by the body or person alleged to be liable to that party and (ii) the extent to which any part of this provision is prohibited by any applicable law.
11.2 CIICA (including its officers and employees), the Secretariat or the Mediator shall not be under any legal obligation to make any statement to any person or entity about any matter related to the mediation, nor shall any party seek to make any of these persons a witness in any legal or other proceedings arising out of the mediation.