Article 1
Any dispute can be submitted to mediation or
conciliation by a sole mediator or conciliator appointed by the
center.
Article 2
A party wishing to have recourse to mediation or
conciliation by the Tunis Center for Conciliation and Arbitration
shall submit its request to the Secretariat of the
center.
The request shall contain a brief statement
describing the dispute specifying the relief claimed, accompanied,
where appropriate, with all the relevant documents including a
document certifying the payment of procedure and secretarial fees
as referred to in Article 3 hereinafter.
Article 3
The center shall notify without delay the other
party and give it a deadline of ten (10) days to indicate whether
it accepts the mediation or conciliation procedure. Where accepted,
the president of the Center shall appoint, as soon as possible, a
mediator or conciliator and shall notify both parties.
Once a case is filed, the Center shall fix, in
light of the nature and importance of the dispute, the
administrative fees and honorariums, which shall be paid in equal
share by both parties. The administrative fee shall include an
advance of five hundred dinars (500) to be paid in equal shares by
each party, as well as the conciliator's fee, which shall be fixed
by the President of the Center in accordance with the scales
referred to in Articles 25, 26 and 27 of the Center's
Rules.
Article 4
The mediator or conciliator shall fix a deadline
to the parties to set out their defense and supply relevant
documents, and shall decide, with the approval of the parties, on
the place of mediation or conciliation. He/she shall conduct the
proceedings of the mediation or conciliation
independently.
The mediator shall try to reach a reasonable
settlement, acceptable by both parties.
The conciliator shall be guided by principles of
impartiality, justice and equity.
Article 5
The mediation and conciliation process is
confidential, and each person involved in this process shall
respect this.
The proceedings of mediation and conciliation
shall be concluded with :
- A binding confidential agreement signed by the
two parties, or ;
- The failure of the mediation or conciliation
and a report by the mediator or conciliator, without stating the
reasons, or ;
- The notification, by one or other of the
parties, of the decision to end the proceedings.
Article 6
The mediator or conciliator shall submit to the
Center, according to the circumstances, the conciliation agreement
signed by the two parties, the report of the failure of
proceedings, or the decision to end the proceedings.
Article 7
The mediator or conciliator cannot be an
arbitrator or a witness in the same dispute. In arbitration
proceedings and parties cannot subsequently make use of evidence
adduced by the other party during the conciliation proceedings, or
suggestions of the mediator or conciliator, or the readiness
expressed by one of the parties to accept the
conciliation.