Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
Application for Mediation
A party to the dispute may request the
assistance of the Centre to try to settle the dispute using
mediation by delivering a completed application form and the
required application fee to the Centre. Upon receipt of both the
form and the fee, the Centre will contact the other party (or
parties) or his or her counsel, and discuss the potential for
resolving the dispute through mediation. The Centre will explain
the process thoroughly and illustrate the advantages of this "no
risk" mechanism to resolve disputes quickly, efficiently and
When the parties have agreed to a mediation
conference they will be asked to become parties to an Agreement
to Mediate which will help to ensure that the parties
understand what is expected of them throughout the mediation
conference and thereafter.
The Centre will appoint a mediator who is
independent and impartial in the matter. The mediator shall provide
the Centre with a statement verifying that he or she has no
interest in the outcome of the case, shall disclose any past
involvement with any of the parties or their affiliates, and shall
advise whether he or she intends to be professionally involved with
such parties in the future.
Time and Place of the
The Centre will set the date, time and place
of the mediation conference after consultation with the parties.
The parties may choose to hold the mediation at offices of their
own, or ask the Centre to book a neutral location.
Communications between the mediator and the
parties prior to the mediation conference are generally
discouraged; they should be made through the Centre.
Each party should prepare a brief (2 to 3
page) summary of the issues, relevant facts and current status of
the dispute. These summaries should be sent to the Centre several
days prior to the mediation conference in order for the mediator to
review them. The Centre encourages the parties to exchange these
summaries between themselves.
At the mediation conference, each party
should be prepared to make a brief oral statement explaining his or
her perspective. Each party is expected to participate in the
structured negotiations with the active assistance of the mediator.
Each party should bring any documents needed in order to
effectively negotiate. These documents will also be helpful to the
mediator to understand the case but can be kept confidential on
request and, in that event, will not be revealed to the other
party. The mediator may caucus privately with each party during the
mediation conference if he or she considers that it will assist the
process. Any party may request a private caucus with the mediator
at any time. Each party should cooperate in good faith with the
mediator. Each party should make every effort to attend a scheduled
conference and should cooperate to avoid any unnecessary
All parties should be present at the
mediation conference. The goal of the mediation is to reach an
agreed upon settlement which requires the presence of the
individuals with the requisite authority to agree to the settlement
terms and conditions.
Oral evidence other than that of the parties
to the dispute is not encouraged at the mediation conference. The
mediator may allow witnesses to give evidence. The expenses of any
witness shall be paid by the party producing the
A party may be represented at a mediation
conference by counsel or another representative and if so
represented may request an opportunity to meet privately with his
or her representative at any time during the conference.
Resort to Other
No party should initiate or continue any
arbitral or judicial proceedings in respect of the dispute that is
the subject matter of the mediation unless it is necessary for a
party to preserve his or her rights.
No transcript shall be kept of the mediation
The mediator, the parties, their counsel or
representative and the Centre shall keep all matters relating to
the mediation confidential except where disclosure of a settlement
agreement is necessary for purposes of implementation or
enforcement of that agreement.
The Centre will arrange translation of the
mediation conference at the reasonable request of a party or of the
mediator. The cost shall be billed directly to and be borne equally
by both parties.
The mediator may adjourn a mediation
conference at any time.
Either party may withdraw from the mediation
at any time without providing a reason.
All settlement agreements reached should be
reduced to writing and signed by the parties. If the parties are
unrepresented, the mediator may suggest that the parties seek
independent legal advice before a settlement agreement is
The parties may at any time before a
mediation is concluded request in writing that the mediator make a
non-binding recommendation of settlement. The
mediator, at his or her discretion, may provide such a
The mediator shall not act as a
representative or counsel of a party in proceedings in respect of a
dispute that is the subject matter of the mediation. The mediator
shall not be subpoenaed to give evidence as a witness in any such
proceedings nor shall he or she give such evidence unless ordered
to do so by an authorized tribunal. The parties shall not rely on
or introduce as evidence in any arbitral or judicial proceedings,
whether or not such proceedings relate to the dispute that is the
subject matter of the mediation,
a) any view expressed, or suggestions made,
by the other party in respect of a possible settlement;
b) any admissions made by the other party in
the course of the mediation; or
c) any proposals or recommendations made by
the mediator unless the parties have, in writing, agreed
All communications relating to the mediation
are "without prejudice".
All fees shall be borne equally by the
parties attending the mediation unless they agree otherwise in
writing. The Centre charges a nominal administration fee.
Additional charges include the mediator's hourly fees and room
rental charges, if any. Please call the Centre at (604) 684-2821 or
refer to the appropriate fee schedule for rates.