Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
In these Rules the following terms have the
the Foundation Stichting Nederlands Mediation Instituut, having
its registered office in Rotterdam.
these NMI Mediation Rules.
the Secretariat of the NMI.
the register kept by the NMI listing the Mediators available under
the Rules for the rendering of assistance in Mediation
procedure in which the Parties attempt to resolve their dispute
amicably with the aid of a Mediator, in accordance with these
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.
the dispute described in the Mediation Agreement.
the Parties (or one of them) who wish to resolve their dispute
the person who conducts the Mediation procedure and is
listed in the Register.
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.
talks held between one or several of the Parties and the Mediator
without any of the other Parties being present.
2.1 The Secretariat is charged with the keeping of
the accounts and records of Mediations
and with the keeping of the Register.
Secretariat shall in addition have such other duties and powers as
shall be assigned to it in these Rules.
The Rules shall apply to the Mediation to
which the Parties have committed themselves by the signing of the
Any Party and the Mediator may prematurely
terminate the Mediation procedure.
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
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.
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
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
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
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
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.
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
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.
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
Article 11 - Appointment of the
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
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
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
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
*) The NMI may where appropriate decide
not to charge administrative charges. Administrative charges are
almost never charged, without this constituting a
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
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
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
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.
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
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.
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.
17.1 The fees, costs and expenses
of the Mediation comprise:
- the administrative charges referred to in article 11 paragraph
- 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
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.
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.
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
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