Article 1


Med - arb is confidential, voluntary dispute resolution procedure in which a third, neutral person helps parties to reach an amicable dispute resolution within the framework of the mediation procedure. If parties in the mediation procedure do not reach an agreement, a third neutral person assumes the role of arbitrator and adopts the decision on the dispute by issuing binding arbitration award.


Unless defined otherwise with these rules, for mediation part of med-arb procedure ECDR rules on mediation apply and for arbitration part of med-arb procedure ECDR rules on arbitration apply. 


Article 2


If parties cannot agree on the appointment of mediator or arbitrator, it is considered that parties did not give consent for the beginning of med-arb procedure. 


Article 3


Mediator shall conduct mediation in a way that he/she deems appropriate, taking into account the circumstances of the case, the wishes of the parties and the overriding objective of the med-arb procedure.


Mediator may conduct a preparatory conference at which parties are present or in any other appropriate manner. At the preparatory conference parties and mediator in general determine the manner of the procedure, place, time and the estimated duration of the procedure and the documents, which the parties will submit to the mediator before the mediation session.


Article 4


Unless otherwise agreed by the parties, mediator may communicate with the parties on caucus or joint meetings of mediation session. While caucusing mediator may express his/her views on the dispute.


Each party is obliged to fully cooperate in the frame of mediation procedure and may at any time request caucus meeting.


Article 5


No statement, offer, promise or oral agreement has any legal effect until it is entered into a written agreement by the parties.


Article 6


If parties in mediation cannot reach an amicable agreement of the dispute, mediator may, upon unanimous request of all parties, orally present to parties his/her views on the dispute, the potential success or failure of each party in arbitral or judicial proceedings and on the likely outcome of such a procedure and recommends parties appropriate agreement. The aforementioned evaluation or recommendation is confidential and may not be used or relied upon in any subsequent proceedings.


Article 7


Mediation procedure is concluded when written mutual agreement of the parties to settle the dispute is entered into or if the mediator considers that further mediation procedure would not make sense, or if the parties demand that the mediation procedure is concluded.


Article 8


Mediation procedure is confidential and with this respect ECDR Rules on mediation apply.  


Article 9


By agreeing to med-arb procedure parties to the dispute agree that mediator may receive information while caucusing and recognize that this will not undermine the position, authority and possibilities of the mediator to assume the role of arbitrator in the event that parties do not reach an amicable solution of the dispute.


Article 10


Mediator assumes the role of arbitrator on all or on certain issues that remained outstanding after the conclusion of the mediation.


After the conclusion of mediation, mediator assumes the role of arbitrator and begins the arbitration procedure. If parties agree to an oral hearing, an arbitrator shall fix the date and other procedural actions necessary for the conduct of arbitration.


Arbitrator after hearing of the parties decides whether any information received in the mediation procedure will be used and whether he/she will rely on it in the arbitration award.


Article 11


Arbitration procedure begins immediately after the termination of mediation procedure unless otherwise agreed by the parties.




Special features of the med-arb procedure at ECDR



Article 12


Parties may agree in writing to retain the right to withdraw the consent to mediation procedure at any stage of the mediation procedure or after its termination and before the commencement of arbitration, if the agreement is not reached in the mediation procedure.


Article 13


In order to protect fairness of med -arb procedure, parties may agree that mediator is obliged to inform the party of any information that was received in the frame of caucus meetings with the opposite party, if this information could influence the decision of arbitrator.


Parties may in order to protect the fairness of the med-arb procedure agree that co-mediator is engaged in the mediation procedure, who is not entitled to take part at caucusing.  In case parties fail to reach the agreement in mediation procedure, co-mediator assumes the role of arbitrator.