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Rules of Optional Mediation

  • Chapter I

    General Provisions

    Art. 1.- (1) The Chamber of Commerce and Industry of Romania makes available a procedure of optional mediation to its members and any interested businesspersons under the terms of these Rules, aiming at an amicable settlement of the disputes arising from their commercial relations as well as at avoiding court or arbitral proceedings. The organisation and conduct of the optional mediation procedure is provided through the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania. 

    Art. 2.- (1) The mediation procedure is optional for the parties and cannot be carried out without their written agreement. 

    (2) The parties may agree that the mediation procedure shall be compulsory and shall precede any court or arbitral proceedings. 

    (3) Where no agreement or only a partial agreement is made, the mediation procedure shall not imply continuation by court or arbitral proceedings. 

    Art. 3.- (1) Where parties agree to an optional mediation by the Court of Arbitration, their agreement per se shall imply acceptance of these Rules. 

    (2) The parties may adjust these Rules according to their written agreement which shall be notified to the Court of Arbitration in due time. 

    Chapter II

    Request for Mediation

    Art. 4.- The mediation procedure begins with the lodging of a Request by the parties, either jointly or individually, to the Court of Arbitration, containing a brief statement of the object of mediation, the party's or parties' position as well as any other necessary information. Such Request shall be accompanied by written evidence, and by a proposal for the appointment of the mediator(s). 

    Art. 5.- Where the Request for Mediation is filed by one party, the Secretariat of the Court of Arbitration shall notify the other party about it while inviting the latter to send within ten days a reply as to whether it does or does not accept the attempt of mediation, and if affirmative, to concurrently present its own point of view, accompanied by written evidence, as well as its proposal for mediator(s). 

    Art. 6.- In default of a reply within the time limit stipulated under Art. 5 hereinbefore or if the attempt of mediation is not accepted, the Secretariat of the Court of Arbitration shall notify the party having filed the Request for Mediation, and the proceedings shall be closed by a minute drawn up by the President of the Court. 

    Chapter III

    Conduct of Mediation Proceedings

    Art. 7.- (1) If the parties agree to the attempt of mediation, the President of the Court of Arbitration shall appoint, in keeping with the parties' request, one or three mediators from among the panel of arbitrators, unless the parties designate other arbitrators. 

    (2) The Request for Mediation, together with all the accompanying documents shall be made available to the mediator(s) by the Secretariat of the Court of Arbitration. 

    (3) After consultation with the parties, the Mediator(s) shall set a date for the conduct of the mediation proceedings, for which the parties must be duly summoned in writing by the Secretariat of the Court of Arbitration. 

    Art. 8.- (1) The mediator(s) shall attempt, together with the parties, to achieve a fair and impartial settlement of the dispute. 

    (2) After hearing the parties, examining the files and undertaking, if so deemed necessary, other investigations, the mediator(s) may advise the parties on an equitable settlement of the dispute. 

    Art. 9.- The attempt of mediation shall terminate, as the case may be: 

    a) upon the parties' concluding an agreement which equals the binding effect of a contract; 

    b) upon the drawing up by the mediator(s) of a minute stating the failure of the attempted mediation. Such minute need not be motivated. 

    c) upon notification to the Court of Arbitration by the parties or one of them to the effect of discontinuing the attempt of mediation. 

    Art. 10.- Summoning of the parties to the mediation proceedings, sending of documents or communication of any information to the parties, shall be performed through the proper and most expedient channels, while mention about their fulfilment as such shall be recorded in the file. 

    Art. 11.- Unless the parties have otherwise agreed, the mediator shall not be an arbitrator or representative or adviser of either party in any court or arbitral proceedings having as object the dispute submitted to mediation. 

    Art. 12.- (1) The mediation procedure is confidential, and confidentiality shall be preserved by all the persons involved, even after its termination and irrespective of its results. 

    (2) The parties shall commit themselves not to call upon in any court or arbitral proceedings: 

    a) the points of view stated during the mediation procedure for the purpose of finding an amicable settlement; 

    b) the proposals or recommendations made by mediators; 

    c) the statements of either party to the effect of its readiness to accept such proposals or recommendations. 

    (3) The content of the agreement reached within the framework of such mediation shall likewise be confidential, save where its enforcement requires proceedings before a court of law. 

    Chapter IV

    Final Provisions

    Art. 13.- These Rules were approved by the Board of the Court of Arbitration by its Decision No. 3 dated September 10, 1999, and shall come into force as of January 1, 2000.