Frecuently Asked Questions
Below you will find a list of questions and answers to the most common doubts related to MEDIAUTOR-WIPO, mediation or our procedure.
If you do not find the answer you are looking for, we are at your disposal to answer your questions via e-mail at email@example.com
A request for mediation can be submitted to MEDIAUTOR-WIPO when the conflict involves or is related to the following subjects
- Authors and publishers of written works
- Scenic Rights
- Digital environment
- Visual Arts
- Video games and software
- Artists, performers and performers
- Advertising/Image Rights
- New distribution channels
- Licensing, exploitation and platform obligations
- Collective management entities and organizations
- Conditions relating to remuneration
- Blocking/withdrawal or reinstatement of content due to intellectual property infringement
When arbitration or jurisdiction is used, the third party, whether arbitrator or judge, must decide on the merits of the dispute. In mediation, the mediator does not resolve the dispute but helps the parties themselves to reach a mutually beneficial agreement.
Mediation can take place at any time. Before going to arbitration proceedings or the ordinary courts of law or even during litigation proceedings.
Mediation is a voluntary procedure. This voluntary nature allows the parties, if they so deem, to abandon the mediation procedure at any time they wish and may subsequently go to arbitration or a court proceedings.
Mediation is an alternative dispute resolution method that does not exclude other means of dispute resolution. Therefore, if an agreement is not reached, the parties may go to arbitration, if agreed with the other party, or to the ordinary courts of law.
The agreements reached have the force of a private contract of obligatory fulfilment for the parties, and will have consideration of executive title, if the parties wish it, through its elevation to the public deed.
The cost of a mediation procedure is much lower than arbitration or a judicial procedure.
Normally, the costs of a mediation consist of the administrative fees of the mediation center and the mediator's fees. The administrative fees of MEDIAUTOR-WIPO as well as the mediator's fees are detailed in Fees and Costs.
The parties may agree that, in the event of a dispute, a mediation procedure governed by the MEDIAUTOR-WIPO Mediation Rules will be used. To do so, they should include in their contract one of the following mediation agreements.
Multi-step clauses, also known as multi-tiered clauses, are clauses that provide for a multi-step dispute resolution procedure. To maximize the benefits of ADR procedures, parties can combine different methods. Thus, it is possible to start with mediation followed, in the absence of agreement between the parties, by arbitration or jurisdictional procedure.
The mediation procedure is voluntary and consensual. A mediation before MEDIAUTOR-WIPO can only begin when there is a mediation agreement between the parties submitting the resolution of their conflicts to MEDIAUTOR-WIPO or by invitation of one party to the other, who freely decides to accept the invitation.
The party requesting mediation must submit a written request which must meet the requirements set out in Articles 3 and 4 of the MEDIAUTOR-WIPO Rules.
The invited party, should it decide to participate in the mediation, shall send a written acceptance. It should contain the same points as in the request for mediation.
The letters of request for mediation and acceptance of the request for mediation must be sent through the platform www.mediautor.com and to the email address firstname.lastname@example.org.
Yes, the parties may be represented or assisted in the meetings held with the mediator. Once the mediator has been appointed, each party shall communicate to the other party, the mediator and the Center the names and e-mail addresses of the persons authorized to represent it, as well as the names of those who will attend, on behalf of that party, the meetings with the mediator.
The parties may appoint by mutual agreement the mediator or mediators they consider appropriate. In the absence of agreement between the parties, the mediator shall be appointed by the Center following Article 7 of the MEDIAUTOR-WIPO Rules.
There is no fixed duration. The duration of the mediation may be fixed by the parties and will normally depend on the complexity and amount of the case.
Unless otherwise agreed, the costs of the mediation will be borne equally by the parties.
Where the mediation is terminated because the invited party has failed to respond to the request for mediation or, having responded, does not wish to participate in the mediation proceedings, the requesting party may request the Center to issue a certificate of termination of the mediation.
This certificate may be used as an attachment to the claim in a subsequent court or arbitration proceeding to prove that mediation has been attempted but was unsuccessful.
Once the mediation concludes, the Center, at the request of the party requesting it, may issue a certificate. The certificate will have a cost according to the fees in force.
In any case, each party shall have a free communication sent by e-mail.