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Mediation Rules: Netherlands Mediation Institute




    Article 1 - Definitions


    In these Rules the following terms have the following meaning: 



    The NMI:                                             the Foundation Stichting Neder­lands Mediati­on Insti­tuut, having its registered office in Rot­terdam. 


    Rules:                                                   these NMI Mediation Rules. 


    Secretariat:                                           the Secretariat of the NMI. 


    Register:                                               the register kept by the NMI listing the Mediators available under the Rules for the rendering of assistance in Mediation procedures. 


    Mediation:                                            procedure in which the Parties attempt to resolve their dispute amicably with the aid of a Mediator, in accordance with these Rules. 


    Mediation Agreement:                           the agreement in which the Parties and the Mediator mutually undertake to use their best endeavours in attempting to resolve the dispute described therein through Mediation. 


    Dispute:                                                the dispute described in the Media­tion Agreement. 


    Party/Parties:                                        the Parties (or one of them) who wish to resolve their dispute through Media­tion. 


    Mediator:                                             the person who conducts the Mediation procedure and is 

                                                                listed in the Register. 


    Auxiliary Person:                                   any person who or organization which at the unanimous request of the Parties, or at the request of the Mediator and with the consent of the Parties, assists in the Mediation. 


    Separate Talks:                                     talks held between one or several of the Parties and the Mediator without any of the other Parties being present. 



    Article 2 - Secretariat


    2.1              The Secretariat is charged with the keeping of the accounts and records of Medi­a­tions 

                and with the keeping of the Register. 

    2.2       The Secretariat shall in addition have such other duties and powers as shall be assigned to it in these Rules. 



    Article 3 - Applicability of the Rules


    The Rules shall apply to the Mediation to which the Parties have committed themselves by the signing of the Mediation Agreement. 



    Article 4 - Voluntariness


    Any Party and the Mediator may prematurely terminate the Mediation procedure. 



    Article 5 - Non-commitment


    The Parties cannot be compelled to adhere to the positions adopted and proposals made by them in the course of the Mediation nor to any statements made by them to the Mediator or to the other Party or any of the other Parties, with the exception of what has been agreed between them in a settlement agreement as referred to in article 14. The Parties may deviate from the foregoing if and insofar as they explicitly agree to do so in writing. 



    Article 6 - Privacy


    No persons shall be present at the Mediation other than the Mediator, the Parties and/or their representatives and Auxiliary Persons, except with the joint consent of the Parties. If the Mediator wishes he may for secretarial support during the Mediation avail himself of the assistance of a person to be designated by him for that purpose. Any persons other than the Mediator and the Parties themselves may be involved in and/or admitted to the Mediation only if they have undertaken beforehand to maintain confidentiality. 



    Article 7 - Confidentiality


    7.1     The Parties undertake not to disclose to any third party, including courts and arbitrators, any information concerning the progress of the Mediation procedure, the positions adopted, the proposals made or the information supplied by the Parties verbally or in writing either directly or indirectly. 

    7.2     The Parties undertake not to reveal, quote from, refer to, paraphrase or in any other way invoke any documents to any third party, including judges and arbitrators -, if such documents have been revealed, shown, quoted from or paraphrased by any Party involved in the Mediation. This obligation shall not apply if and insofar as the Party in question already itself had or could have had these documents at its disposal independently of the Mediation. 

    By documents as referred to in this article shall also be meant: memorandums, notes, minutes of sessions, etc., as well as other data carriers, such as audiotapes, videotapes and computer discs. 

    7.3     The provisions of the preceding paragraphs of this article shall apply mutatis mutandis in respect of the Mediator. 

    7.4     The Parties undertake to not at any time examine the Mediator, Auxiliary Persons and/or other persons involved in the Mediation, or cause the same to be examined, as a witness or otherwise, concerning facts, documents, proposals, statements, etc.  All this to be construed in the widest sense, that were discussed during the Mediation, if and insofar as the Party in question did not already have these at its disposal  independently of the Mediation. 

    7.5     All information supplied to the Mediator during Separate Talks by the person or persons present thereat, shall be treated by the Mediator as confidential, unless it has been agreed otherwise. 

    7.6     This article shall be without prejudice to the provisions of article 15. 



    Article 8 - Other procedures


    8.1     The Parties undertake while a Mediation procedure is in progress not to institute any legal or other proceedings against each other concerning the Dispute or any parts thereof, with the exception of steps for the safeguarding of rights, unless the Parties have agreed otherwise. 

    8.2     If any Party institutes any proceedings that are permitted under paragraph 1, such Party shall have the obligation to within 24 hours notify this to the Mediator and to the other Party or Parties. 

    8.3     Any ongoing proceedings during the Mediation concerning the Dispute or any parts thereof, with the exception of steps for the safeguarding of rights ? shall be suspended by the Parties for the duration of the Mediation. During the Mediation no procedural acts, except for the aforementioned exception, shall take place. 



    Article 9 - Exclusion of liability


    The NMI, the members of the Board of the NMI in person, the members of constituent bodies of the NMI in person, employees of the NMI, Me­diators and Auxiliary Persons shall not be liable for any damage, whatever its nature, that may arise for the Parties or any persons involved in the Mediation out of the Media­ti­on, all this to be construed in the widest sense. 

    The Parties undertake to give indemnity to the natural and/or legal persons referred to above in the event of any claims from third parties on that account. 



    Article 10 - Powers of attorney


    If any Party is not present in person during the Mediation procedure, it must be represented by a person who is authorized to perform all legal acts that may be necessary within the framework of the Mediation. The relevant power of attorney must be produced when so requested by any of the Parties or by the Mediator. 



    Article 11 - Appointment of the Mediator 


    11.1   The Mediator shall be appointed by the Parties jointly. The appointment shall be recorded in the Mediation Agreement. If the Mediator accepts his appointment he must give evidence thereof by co-signing the Mediation Agreement. 

    11.2        If the Parties wish to arrive at the appointment of a Mediator with the aid of the NMI, they must file a written request thereto with the Secretariat. The request must at least contain the names, addresses, telephone and fax numbers of the Parties and their representatives, if any, as well as a concise description of the Dispute.     

    11.3   Upon receipt of the request the Secretariat will send to the Parties a copy of the Rules, and a list with the names of the Mediators who according to the description of the Dispute are eligible for appointment, as well as an invoice for administrative charges.*) 

    11.4   The Parties will together select a Mediator from the aforementioned list and notify the Secretariat in writing which Mediator they have selected. Upon receipt of this letter the Secretariat will inform the Mediator concerned of the request and of his having been selected. The Mediator will then contact the Parties, so that the Mediation can be commenced. 

    11.5   If the Parties fail to together agree on the selection of a Mediator, they will notify this in writing to the Secretariat. The Secretariat will then send them a written proposal for a Mediator who may be appointed by the Parties. 


    *) The NMI may where appropriate decide not to charge administrative charges. Administrative charges are almost never charged, without this constituting a precedent. 



    Article 12 - Replacement of a Mediator


    12.1   If during the Mediation procedure the Parties arrive at the conclusion that the Mediation should be continued by a different Mediator, they may cancel the appointment of the Mediator by notifying this to the latter in writing 

    12.2   The fees, costs and expenses incurred in respect of the Mediation up to the time that the Mediator receives the written notification referred to in the preceding paragraph, shall continue to be payable by the Parties in full. 

    12.3   Appointment of another Mediator may then take place by applying Article 11 mutatis mutandis, however only after the fees, costs and expenses referred to in the preceding paragraph have been paid in full. 



    Article 13 - Conduct of Mediation in general


    13.1   The Mediator shall decide, after consultation with the Parties, on the manner in which the Mediation procedure will be conducted. 

    13.2   The Mediation procedure shall be conducted in the Dutch language, unless the Parties agree on a different language. 

    13.3   All the Parties and the Mediator shall use their best endeavours to ensure that the Mediation proceeds with the necessary speed. 

    13.4   The Mediator shall be empowered to hold Separate Talks. 



    Article 14 - Recording of the outcome of the Mediation


    If an amicable resolution has been reached, this shall be recorded in a settlement agreement between the Parties. The Mediator shall ensure that what has been agreed between the Parties is properly recorded in writing. 



    Article 15 - Compliance with settlement agreement 


    Any disputes arising between the parties out of the settlement agreement concluded by the Parties shall be submitted by the Parties to Mediation, before submitting them to a court or an arbitrator or arbitrators. By way of exception to the provisions of article 7, the settlement agreement signed by the Parties in such a procedure may be submitted to the Mediator, a court, or an arbitrator or arbitrators. 



    Article 16 - Complaints


    If any Party is dissatisfied with the performance of a Mediator, that Party may lodge a complaint concerning this with the NMI in accordance with the NMI Complaints Scheme at that time in force. 



    Article 17 - Payment of fees, costs and expenses


    17.1   The fees, costs and expenses of the Mediation comprise: 

              - the administrative charges referred to in article 11 paragraph 3; 

              - the fees of the Mediator and Auxiliary Persons, and the expenses incurred by them; 

              -                                                 any VAT and other taxes and levies imposed by the authorities on the 

                 aforementioned fees, costs and expenses. 

    17.2   The Mediator may present advance bills to the Parties. 

    17.3   All amounts incidental to the Mediation invoiced to the Parties (including advances) must be paid by the Parties within fourteen calendar days after the NMI, the Mediator, or the Auxiliary Persons have presented their invoices or bills of costs. 

    17.4   Each Party shall bear an equal share of the fees, costs and expenses payable in respect of the Mediation, unless the Parties have agreed on a different distribution in the Mediation Agreement. 

    17.5   Each Party shall bear its own costs and expenses. 



    Article 18 - Cases not provided for by the Rules


    In all cases not provided for by the Rules the Mediator shall decide. In doing so the Mediator shall act in accordance with the purport of the Rules. 



    Article 19 - Amendments to the Rules


    The NMI shall have the power to amend the Rules at any time. Such amendments shall not affect any ongoing Mediation procedure. The version of the Rules in force at the time of the commencement of such a procedure shall apply to that procedure. 



    Article 20 - Applicable law


    These Rules shall be governed by Dutch law. The same shall apply in respect of the settlement agreement as referred to in article 14, unless the Parties have agreed otherwise.