Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
I - SCOPE
These Rules apply when the parties seek an
amicable settlement to a dispute through mediation under the
auspices of the Centre in accordance with these Rules.
II - DEFINITIONS
"Centre" or "QNICAC": means the Canadian
Commercial Arbitration Centre incorporated under Part III of the
Québec Companies Act (R.S.Q., ch. C-38) or any person, committee or
institution to whom the Centre entrusts the management of mediation
"Mediator" means a natural person assigned to
assisting parties in reaching an amicable settlement of a dispute
under the auspices of the Centre in accordance with these Rules.
The same term also applies to mediators when the parties elect to
entrust the function to several persons.
"Mediation" also includes conciliation and
any other designation insofar at the parties accept to abide by
"Rules" mean these Rules in their version in
force on the date of the mediation.
III - THE CENTRE'S ROLE
1. The general purpose of the Centre is to
ensure the enforcement of these Rules and to this end, enjoys all
necessary powers to do so.
2. The Centre must act with utmost speed by
taking into consideration the parties' interest in seeing an
amicable, equitable, rapid and cost-effective settlement of the
3. The Centre ensures that the parties are
treated equally and are given a full opportunity to present their
4. No action may lie against the Centre or
the mediator for any act performed in good faith within the
exercising of its duties granted under these Rules.
5. The mediator is an independent
professional and the Centre is not liable for his or her acts,
omissions or neglect.
6. The Centre acts on behalf of the parties
when it incurs expenses owing to mediation, at the request of the
parties or that of the mediator.
IV - NOTICE OF MEDIATION
1. When the parties have planned on
submitting the dispute that may occur between them to mediation
under the auspices of the Centre, either one may then request in
writing that the Centre initiate the procedure.
The request must identify the dispute and
give the parties' names and addresses. The Centre then invites the
parties mentioned in the request to submit to mediation.
2. When mediation is not provided by the
parties as a means for settling their dispute or the planned
mediation is not under the auspices of the Centre and these Rules,
one of the parties may in the same manner request that the Centre
invite the other parties to consent to mediation under the auspices
of the Centre and in accordance with these Rules.
3. If one party refuses to submit to
mediation under the auspices of the Centre, he or she must give
written notice to the party that made the request of the
impossibility of following the matter up.
V - APPOINTMENT OF THE MEDIATOR
1. The Centre invites the parties to appoint
a mediator in accordance with the terms set forth in their
2. If the parties do not agree on the choice
of a mediator within the limits prescribed under their agreement,
the Centre appoints a single mediator from those among whom it
recognizes their qualifications for such type of
1. To be qualified to act as a mediator, a
person must be independent, impartial, available and professionally
knowledgeable regarding the subject of the dispute and must
maintain such qualification for the entire duration of the
2. A person approached for a function in
mediation and any one to whom such function has been entrusted must
immediately inform the Centre and the parties of any reason that
could raise doubts concerning his or her qualifications to
VI - COMPETENCE OF THE MEDIATOR
Mediation is assumed by a mediator recognized
as qualified by the Centre and who has accepted to act under its
auspices and in accordance with the Rules.
1. The mediator assists the parties in an
independent and impartial manner in their efforts to reach an
amicable settlement of the dispute.
2. The mediator is guided by principles of
objectivity, fairness and justice, and takes into account among
other things the rights and obligations of the parties, practices
in the area of commerce being considered and the circumstances
surrounding the dispute, including business practices in use
between the parties.
The mediator applies and interprets these
Rules concerning his or her duties and responsibilities. Any other
part of these Rules is interpreted by the Centre.
VII - CONDUCT OF MEDIATION
1. The Centre is seized with the dispute by a
notice given by the most expedient party and is accompanied with
fees for opening the file.
2. Mediation begins once the Centre has
obtained the parties' agreement and the mediator's fees and
mediation expenses determined by the Centre have been
The Centre organizes the first meeting
between the parties and the mediator. The date and place of
subsequent meetings are decided by the mediator after consulting
the parties or their representatives.
The parties may be represented or assisted by
persons of their choice, providing they give advance notice thereof
to the other parties and the mediator.
1. The mediator conducts mediation
proceedings as he or she sees fit so as to reach a settlement
rapidly, while taking into account the circumstances and desires
expressed by the parties.
2. Each party may submit suggestions for
settling the dispute to the mediator.
3. The mediator may, at any stage of the
proceedings, make proposals for settling the dispute. The proposals
need not be made in writing, nor need the reasons therefor be
1. The mediator may invite the parties to
meet with him or her, or may meet with them separately.
2. When mediation is entrusted to several
mediators, they may decide jointly to act together or separately
with the parties.
When the mediator receives factual
information concerning the dispute, he or she discloses the
substance of that information to the other party to allow the
latter to present whatever explanation the party deems useful.
However, when a party furnishes information to the mediator with
the express condition that it must remain confidential, the
mediator shall not disclose it to the other party.
The parties shall cooperate in good faith
with the mediator and shall especially comply with his or her
request to produce written documents, provide evidence or
participate in meetings.
The parties agree not to institute arbitral
or legal proceedings regarding the subject of the mediation while
the mediation is underway, unless such a measure is needed for
preserving their rights.
In the event mediation fails, the parties are
free to resort to arbitration, or to address courts of law if they
are not bound by an arbitration agreement.
VIII - THE TRANSACTION AGREEMENT
1. If an agreement is reached between the
parties regarding all or part of the dispute, the mediator sets the
terms and then requests that the parties sign it. The mediator then
signs the document as a witness.
2. The agreement signed by the parties is a
contract of transaction within the meaning of the Civil Code. It
binds the parties and puts a definitive end to the dispute of which
it is the object.
3. The transaction agreement may provide that
any eventual dispute regarding its performance may be submitted to
final arbitration without appeal under the auspices of the Centre
and in accordance with its Arbitration Rules.
IX - END OF MEDIATION
1. Mediation comes to an end on the date when
the Centre receives a copy of:
- the transaction agreement signed by the
- a written statement by the mediator
attesting to the failure of the mediation; or,
- a written statement by a party putting an
end to the mediation.
2. Mediation also ends if the parties neglect
to provide a reserve for expenses for the mediator's fees and
mediation expenses in accordance with the Centre's requirements and
within the deadlines prescribed by it.
X - CONFIDENTIALITY
Mediation is a private procedure that takes
place behind closed doors and whose attendance is restricted to
those persons invited by a party with the consent of the
Mediation proceedings are confidential. The
mediator, the parties and the Centre, as well as any person who has
knowledge of some fact or information issuing from or during the
mediation, shall respect its confidential nature.
The mediator shall not be required to provide
testimony relating to his or her mediation or to produce documents
used therein in arbitral or judiciary proceedings, whether the
latter is or is not related to the currently mediated dispute. The
mediator may, however, be called upon to provide testimony
regarding the contents of the transaction signed by him or her as a
The parties agree to respect the confidential
nature of mediation and not to invoke as elements of evidence in
arbitral or judicial proceedings
- the views expressed or suggestions made by
a party regarding a solution to the dispute;
- facts admitted to by a party in the course
of mediation proceedings;
- the fact that a party has indicated it
would be amenable to accepting a proposal for settlement advanced
by the mediator or another party.
- proposals presented by the
The parties and the mediator promise that the
latter shall not perform the duties of an arbitrator,
representative or counsel for a party in arbitral or judicial
proceedings related to the currently mediated dispute.
XI - MEDIATOR'S FEES AND MEDIATION
Unless there is any agreement to the contrary
between the parties, the mediator's fees and mediation expenses are
evenly distributed amongst them.
1. Prior to the beginning of the mediation,
the Centre requires the parties to provide a reserve for expenses
to guarantee payment of the mediator's fees and expected mediation
expenses, set in accordance with the schedule appended to these
Mediation begins once the requested reserve
is received by the Centre.
2. During mediation, the Centre may submit to
the parties partial statements and request that they provide an
additional reserve for expenses to cover same.
3. At the end of the mediation, the Centre
transmits the final invoice to the parties and returns to them, if
applicable, any unexpended balance after compensating the amount
due by each of them.
The reserve for expenses is used to pay
mediator fees and mediation expenses. These expenses
a) Travel, lodging, subsistence and other
direct expenses incurred by the mediator at the time of
b) Expenses for room rental and other
expenses relevant to the holding of mediation
c) the Centre's administrative fees;
d) expenses to be incurred by the Centre
during mediation, including if applicable expenses required by the
traveling of its representative when mediation takes place outside
the regions of Quebec and Montreal.
Each of the parties directly assumes travel
expenses and other indemnities resulting from its witnesses,
experts, advocates or other persons representing or assisting the
party during mediation.
The mediator's fees for services already
rendered and expenses incurred for mediation, including the
Centre's administrative fees, are due by the parties even if the
mediation ends without the concluding of a transaction agreement,
or if it fails in whole or in part.
These Rules come into force on December 3,