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ABOUT MEDIATION
WHAT ARE THE STEPS IN MEDIATION
CONDUCTED AT THE BCCI MEDIATION CENTER?
- Commencement: Request for Mediation
- Preparatory Activities
- Intake Form
- Appointment of the Mediator
- Agreement to Mediate
- Payment of the Fees
- Initial Contacts Between the Mediator and the Parties
- setting up the first meeting
- submitting position papers and case related documents
- First and Subsequent Meetings
- agreeing the ground rules of the process
- gathering information and identifying issues
- exploring the interests of the parties
- developing options for settlement
- evaluating options
- Concluding
PREPARATORY ACTIVITIES
- The Mediation Center Provides Parties with a Welcoming Packet of Documents
After receiving both parties consent to participate in mediation, the Mediation Center
provides them with a Welcoming Packet of Documents usually containing: Mediation Act, BCCI
Charter and Mediation Rules, Fee Schedule, List of Mediators and Mediators CV's, Intake
Form, Agreement to Mediate and Instructions on Mediation Procedure.
- Parties Complete the Intake Form and Send it to the Mediation Center
The Intake Form contains general information about dispute, including indication of the
mediator preferred by the respective party.
Parties choose Mediator
After receipt of the request for Mediation the Mediation Center contacts the parties
(or their representatives) in order to discuss with them the selection of mediator (unless
parties have already chosen the mediator). The Mediator must enjoy the trust of both
parties. Therefore it is of great importancethat both parties completely agrre on the
mediator who will serve in mediation.
Usually the Mediation Center discusses with the parties their preferences regarding the
mediator's qualification and qualities. After these discussions (held by phone or in
personal meetings), the Mediation Center suggests some mediators, together with their
CV's, to be considered by the parties. If necessary, the Mediation Center suggests
additional mediators until parties choose the mediator for their case.
- Parties and Mediator sign an Agreement to Mediate
The Agreement to Mediate contains the rules for conduction of mediation, parties' and
mediator's rights and obligations.
Parties Pay the Mediation Fees
The Mediation Center determines, after consultations with the parties, the mediation
fees and deposit, and the parties pay them.
INITIAL CONTACTS BETWEEN THE MEDIATOR AND THE PARTIES
- Setting up the first mediation meeting
The Mediator and the parties shedule the first mediation meeting, and if possible,
draft a schedule of the next mediation meetings.
- Submitting position papers and case related documents
Parties submit to mediator position papers and case related document.
MEDIATION PROCESS
First meeting between Parties and Mediator
At the first mediation meeting the mediator informs the parties about the general rules
that shall be applied in the mediation process. He/she makes sure that parties understand
and agree on the rules for conduction of mediation, including the rules for representation
and confidentiality.
At the first mediation meeting the mediator discusses with the parties what kind of
supplementary documentation will be necessary to be presented by parties, whether an
expert assistance will be needed, provided that this issues are not settled in the
preliminary discussions between mediator and parties.
Subsequent joint and separate meetings
Mediation process comprises joint and separate meetings between parties and mediator.
Depending on the issues involved in the dispute and their complexity, as well as on the
economic importance of the dispute and the distance that separates the parties' respective
positions in relation to the dispute, the mediation may involve meetings held on only one
day, across several days or over a longer period of time. The stages involved in the
meetings held after the first meeting between the mediator and the parties would normally
involve the following steps:
- the gathering of information concerning the dispute and the identification of the issues
involved;
- the exploration of the respective interests of the parties underlying the positions that
they maintain in respect of the dispute;
- the development of options that might satisfy the respective interests of the parties;
- the evaluation of the options that exist for settling the dispute in the light of the
parties' respective interests and each party's alternatives to settlement in accordance
with one of the options; and
- the conclusion of a settlement and the recording of the settlement in an agreement.
CONCLUDING
- Parties are free to settle their dispute in any manner they find appropriate – they
may agree on all disputable issues, on part of them or on none of them.
Not all mediations result in a settlement. However, a settlement should be achieved
where each party considers that an option for settlement exists which better serves its
interests than any alternative option for settlement by way of litigation, arbitration or
other means.
- The settlement agreement is concluded between parties orally, in writing or in notarial
form, depending on the type of dispute.
- The settlement agreement becomes enforceable when notarized (Art. 237, item “ç“ of
the Civil Procedure Code) or approved by court or arbitration.
- in the presence of pending procedure concerning the same dispute the agreement is
presented to the court/arbitrator for approval as a court/arbitration settelement
agreement,
- in case there is no pending procedure, the agreement may be confirmed pursuant to the
rules of the expedient procedure by the Court of Arbitration at BCCI.
PARTIES' PRIVATE CONSULTATIONS
Throughout the process of the mediation each party may undertake private consultations
with its attorneys, advisors and experts for the purposes of discussing various aspects of
the mediation or of evaluating options. Such private consultations may occur during the
mediation process.
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