Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
I. LIST OF MEDIATORS
Article # 1
To allow for an efficient rendering of mediation services in
line with the magnitude of the cases submitted to their attention,
the mediators' membership list will entail a varying number of
members. The admission process applicable to those interested in
joining the list of mediators can be started either through an
invitation issued by the Council of the Arbitration and Mediation
Center or through a specific request lodged by the applicant. In
the latter case, the applicant must submit to the Council his
personal and professional credentials.
These credentials will become the basis on which the Council can
either accept or turn down the specific application, while being
subject to no compelling demand whatsoever to justify its decision.
In all circumstances, the mediator must be a qualified professional
with his/her degrees extended by an accredited university and must
be able to demonstrate a minimum experience of 5 years. Likewise,
the mediator must undergo all the compulsory qualification courses
instituted either by the Arbitration and Mediation Center or the
entity commissioned to perform this training function. Furthermore,
he/she is expected to issue an oath statement declaring his/her
willingness to a strict observation of all the regulations
contained herein, plus those stipulated in the Mediators' Ethical
To ensure an equitable distribution of the dispute cases amid
the enlisted mediators, these cases will be subject to a roster
Article # 2
The Council can dictate the exclusion from the list of mediators
of any member that may incur in the following actions:
a) A refusal to undertake, with no valid justification, the
procedures concerning a dispute case already allocated to
b) An unjustified absence from a hearing session,
c) Failure to observe and comply with the duties stemming from
these Regulations, or from the Mediator's Ethical Code or any other
relevant statutory regulations;
d) A refusal to undergo the training courses laid down in the
e) To be subject to any inherent circumstance which prevent
him/her from exercising any civil or political rights.
Article # 3
Notwithstanding the reasons stipulated in the preceding article,
and moreso if the evaluation methods and circumstances make it
advisable, the Council may review and renew the individual
membership status within a term of one year.
This review will be implemented through additional and
compulsory training procedures applicable to all the mediators.
II. MEDIATION REQUIREMENTS
Article # 4
All those individuals that are interested in submitting a
commercial dispute, be it national or international, to the
Mediation procedures applied by the Center, will be asked to do so
in writing and supplying the following data:
a) Full names and addresses of all parties involved in the
dispute together with their respective fax and telephone numbers,
plus those of their legal representatives.
b) If applicable, a copy of the mediation clause included in a
contract, and referred to a mediation agreement.
c) A summary of the matters pertaining the mediation. If
applicable, details of the amount involved in the dispute will be
d) It is left to the discretion of the parties concerned to
attach the documentary evidence referred to the controversy.
Should any of the people attending the mediation sessions is a
legal representative of one of the parties involved in the dispute;
in addition to observing the requirements laid down in a) above,
he/she has to produce a written authority whereby he abrogates the
right to resort to legal recourse and be empowered to compromise,
commit and agree to covenants. This public deed of authority must
be submitted to the Center prior to the first mediation
The first mediation meeting cannot begin if the representative
concerned does not produce the document stipulated in the preceding
paragraph. This is an essential requirement for the meeting to take
III. MEDIATION PROCESS
Article # 5
Once a mediation application has been lodged at the Secretariat
Office, the first step will be to verify that the matter of
contention comes under the remit of the Center, through an analysis
of the nature of the contention. The applicant will be informed if
the matter of contention falls beyond the Center's remit.
Once the application has been accepted, the applicant must pay
the Center his share of the 50% administration charge. This payment
is not refundable.
Once this payment has been made, the Secretariat office will
approach the other party or parties at the earliest possible
opportunity and by the means considered appropriate; with a view to
keep them informed about the mediation application that has been
lodged. The Arbitration and Mediation Center will supply them also
with information about the action envisaged by the Center, together
with an invitation to give consent for the mediation process to be
Once the above initiatives have been completed and if the other
party or parties have not lent their consent for this process to
begin, then the Arbitration and Mediation Center's involvement will
cease, and as such this will be communicated to the applicant and
to the other parties.
This will not be an impediment for another mediation application
on the same case to be lodged again.
Article # 6
In the event of the party or parties approached agreeing to the
beginning of the mediation process, they will have to enter their
share of the 50% administration charge. Once this payment has taken
place, the General Secretariat Office will inform the applicant
about the counterpart´s acceptance and then will appoint the
mediator, or co-mediators if applicable, and the substitute staff.
With the specific matter of contention in mind, the procedure
applicable for the nomination is that laid down in the closing
paragraph of article 1. The mediator, his/her substitute and the
parties will be told about the appointments by the Secretariat
through the most suitable means. Ideally this notification will
have to be done on the same day of the appointment or, at the
latest, during the following working day.
As soon as the appointments have been notified to the parties
concerned, the Center will proceed with the setting of the date and
time for the first mediation meeting. The venue has to be within
the offices of the Arbitration and Mediation Center. The summons to
the first session will be notified by the Center to the parties and
the mediator alike.
Article # 7
All the notifications that need to be issued during a mediation
process, will be dealt with in the most suitable and swift way as
deemed suitable by the Arbitration and Mediation Center. To ensure
its confidentiality status, the documentation containing essential
information about the mediation can only be sent through the most
suitable and safe means.
V. DISQUALIFICATIONS AND SUBSTITUTIONS
Article # 8
Each party can disqualify the appointed mediator(s) within the
three working days following the date of the notification document
informing them of the appointment. Any financial or personal link
between the mediator with one of the parties concerned is a cause
for disqualification, and so it will be any financial or personal
interest of the mediator in the mediation process' outcome.
Despite the existence of this cause for disqualification, the
parties can agree to the mediator becoming fully aware of the
matter of contention. If the mediator is finally disqualified, then
the substitute(s) will be called in to take over the mediation
Should there be no substitutes or if those appointed as such
cannot take over, then the Arbitration and Mediation Center will
appoint a new mediator within the term of three working days from
the disqualification date. Should the appointed mediator become
aware of a disqualification cause, he/she will have to turn down
All the regulations contained in this article will also apply in
respect of the mediator, if a disqualification cause emerges during
the course of the mediation.
If the first meeting cannot take place on the set time and date
due to a mediator's disqualification, the Arbitration and Mediation
Center will set a new date.
Article # 9
Should one of the parties be a company or legal person, it will
have to supply the Arbitration and Mediation Center with the name,
address, telephone and fax details of their representative(s) that
will attend the meetings scheduled in the mediation process. These
representatives will have to produce a special power of
representation conferred by means of a public deed issued by the
party concerned.This document must empower such representative to
compromise, commit and agree to covenants.
The first mediation meeting cannot be started if the
representative concerned does not produce the document stipulated
in the preceding paragraph. This is an essential requirement for
the meeting to take place.
Article # 10
If at the set date and time it becomes impossible to proceed
with the first mediation meeting due to the absence of one of the
parties, a new meeting will be set to take place within the
following ten (10) working days. This will apply each time either
of the parties does not attend any of the mediation meetings.
If the second mediation meeting does not take place on account
of the unjustified absence of either or all parties concerned, the
mediation process will be regarded as terminated. This decision
will be reported by the Arbitration and Mediation Center to all
parties and to the mediator(s).
This event will not be an impediment for another mediation
application on the same case to be lodged again.
Article # 11
Prior to starting with the first mediation session, the parties
will sign a binding declaration.
The mediation process will be officially started with the first
meeting held by the mediator with the parties concerned. During the
course of this meeting, the mediator will supply information
pertaining the mediation process to all parties and will also hand
over to them a confidentiality covenant for its formal signature of
Once the first meeting is over, and should there be a need for
another meeting, the mediator will set its date and time.
The minutes of each meeting will be drafted.
The parties are allowed to bring their lawyers to attend the
joint private meetings. Should it be deemed necessary by the
mediator, he will suggest the parties to let their respective
lawyers become involved in the mediation process.
Article # 12
The mediator is not empowered to impose an agreement onto the
parties but instead to help them get by themselves to a mutually
satisfactory settlement of their dispute. The mediator is
authorised to lead the mediation process, and as such he/she
a) Summon all parties to a joint or private meetings.
b) Declare the mediation process as terminated if he/she thinks
that this process will not help the settlement of the dispute.
c) Suggest the parties to seek expert advise in all the legal
and technical matters relevant to the mediation.
d) Decide on the best way forward to ensure the suitable
handling of the mediation process.
Article # 13
The meeting held during the mediation process has a privacy
status. Therefore, no third person (a person that is not a member
of either of the parties concerned) will be able to attend these
meeting unless this person has been allowed by the parties and the
The mediation process has a confidential status, which entails
that all oral or written information disclosed during the process
is rated as secret and cannot be disclosed by:
a) The mediator to either alien third parties or Courts of
Justice, unless (i) the information is referred to facts rated as a
criminal offence which by Law have to be reported or (ii) when
summoned by a Court of Justice for testifying during a trial and
upon request of one of the parties or a third party alien to the
In all circumstances the mediator enjoys the endorsement of
his/her professional secrecy status with regard to any piece of
information known to him/her as a result of the mediation
Should the session be private, the mediator cannot reveal to the
other party anything for which he/she has not been clearly
b) By the parties either to third parties or to the Courts of
c) By all other people that are involved in the mediation
The people mentioned and identified in above points a), b) and
c) cannot show, as evidence in a Court trial, any information
obtained during the mediation process, and the mediator cannot be
mentioned by the parties as a witness or expert in any arbitration
or court process initiated on the mediation matter, unless all
parties agree to the contrary.
Any documentation held by the mediator, and referred to the
mediation process, will be destroyed or returned to the party that
supplied it once the mediation process is over, unless all parties
or the party to whom it should be returned to agree on something
The Arbitration and Mediation Center will retain only the
minimum information necessary for a proper handling of the
processes. This information will not include any transcription of
the arguments exchanged by the parties during the mediation
processes. The Arbitration and Mediation Center reserves itself the
faculty of using the mediation data, but only for subsequent
statistical and/or analysis compilation. A complete reserve and
anonymity of the parties and the matter(s) of contention is kept at
Article # 14
The mediation ends:
a) When an agreement has been confirmed between the parties;
b) When the mediator has concluded that the mediation will not
lead to a dispute settlement and has issued a written statement
quoting such conviction;
c) In the event of any of the circumstances considered in these
regulations becoming a confirmed fact;
d) Upon presentation of a written statement, by either of the
parties concerned, in order to cancel the mediation process.
Whichever the circumstances leading to an end of the mediation
process, a record of this proceeding will be issued and signed.
Article # 15
Should the mediation end with a total or partial agreement, a
detailed record and minutes will be issued and signed. This
documentation will be rated, for all legal effects and purposes, as
a transaction contract to be subsequently enacted as a public
If applicable, the mediator will ensure that the agreement is
reviewed by the lawyers of all the parties concerned.
Should the parties agree to an oral agreement this is also
acceptable to the Arbitration and Mediation Center, but the
drafting and signing of the standard minute will also apply as
specified in the closing paragraph of Article # 14 above.
Neither the Arbitration and Mediation Center nor the mediators
will be held responsible for the implementation of the rights and
the liabilities specified in the agreement.
VI. FEE COLLECTION PROCEDURE
Article # 16
The Arbitration and Mediation Center will charge an
administrative fee and have a fee schedule for mediators, according
to the rates in effect at the time the mediation commences.
Article # 17
Once the down payments specified in articles 5 and 6 have been
done these are not refunded if the mediation proceedings are not
initiated for any reason attributed to the parties.
Article # 18
Unless the agreement between the parties specifies otherwise,
the fees and charges will be equally shared by the parties
All other disbursements incurred during the mediation process,
be those proficiency, travel and other expenses; will be met by the
parties on a prorrata basis, unless otherwise agreed. No refunds of
charges and mediator fees will apply if the mediation process leads
to no agreement, as these charges are for specific services already
At the end of the mediation process, the Arbitration and
Mediation Center will issue a statement of account showing the
expenses. If there is a credit balance, this will be conveyed to
the parties for them to pay up the balance outstanding.