ECDR RULES ON ARB – MED PROCEDURE

 

 

Article 1

 

Arb – med is a confidential dispute resolution procedure in which the parties to the dispute with help of one or more neutral persons try to reach a solution to the dispute within a framework of combined procedure of arbitration and mediation.

 

Article 2

 

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

 

Article 3

 

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

 

Article 4

 

Arb-med procedure is confidential and with this respect ECDR Rules on arbitration and ECDR Rules on mediation apply.

 

Article 5

 

The arbitrator conducts and completes an arbitration part of arb-med procedure by drawing up a written, unreasoned arbitration award the issue of which is differed until the conclusion of the mediation procedure.

Written arbitration award shall be sealed in an envelope and handed to ECDR by arbitrator.

 

Article 6

 

After the conclusion of the arbitration procedure, the arbitrator assumes the role of mediator and conducts the mediation procedure in accordance with ECDR rules on mediation.

 

Parties may agree that in the arbitration part of arb-med procedure a third, neutral person as potential co-mediator is engaged, who will independently take over the mediation procedure or will as co-mediator participate in the mediation procedure.

 

 

Article 7

 

If the parties to mediation reach an amicable agreement, it shall be deemed that the arbitration award was not issued, and the parties cannot get acquainted with its content, unless agreed otherwise.

 

If the parties to mediation did not reach an amicable agreement, an arbitrator issues and declares the arbitration award and briefly orally explains it. The written reasoning of arbitration award is issued by arbitrator within 30 days after the announcement of the arbitration award. Issued arbitration award is legally binding and enforceable for the parties.

 

Article 8

 

Unless agreed otherwise by the parties, each party shall bear its own costs of participation in the arb – med procedure, half of ECDR administrative costs and half of the arbitrator’s or mediator’s fee.

 

Article 9

 

ECDR does not bear any liability with respect to any act or omission of an arbitrator or mediator in connection with the conduct of the arb-med procedure under these Rules.