1. Request for Mediation
A mediation before MEDIAUTOR-WIPO (also referred to as "the Center") may initiate when there is a mediation agreement between the parties submitting the resolution of their disputes to MEDIAUTOR-WIPO or at the invitation of one party to the other.
When there is a mediation agreement between the parties, the request for mediation must contain the points outlined in Article 3 of the MEDIAUTOR-WIPO Rules.
The request shall be made in writing and sent to the Center and the other party by email or other electronic means of communication that allows a record of the sending thereof. The request must contain:
- the identity and contact details (email address and/or address for communication purposes) of the party or parties submitting the request for mediation, as well as the document proving, if applicable, the corresponding representation;
- the identity and contact details of the party or parties to the mediation agreement other than those submitting the request for mediation, indicating, in any case, the email address and/or address for communication purposes;
- a brief description of the dispute including, if possible, its quantification. If the request for mediation is submitted by more than one party, each party may submit its description of the above; and
- whether there is any agreement between the parties as to the place where the mediation sessions will be held, the language of the proceedings, the identity of the mediator or the duration of the mediation.
The request for mediation shall be accompanied by:
- a copy of the contract or document containing the mediation agreement invoked, if any;
- a copy of the request for mediation that had to be sent to the other party, and evidence that the request for mediation has been sent to the other party or parties to the mediation agreement; and
- payment of the admission fee.
If there is no mediation agreement between the parties, a mediation procedure may also be initiated when one of the parties invites the other party to solve its dispute by mediation.
In this case, the party wishing to invite another party to participate in a mediation procedure must submit a written request for mediation to the Center and, at the same time, must send a copy of the request for mediation to the other party. The request shall contain the points mentioned above.
2. Appointment of the mediator
Upon acceptance of the request for mediation, the parties may jointly appoint the mediator or mediators they consider most appropriate. Alternatively, the appointment shall be made by the Center, as provided in the Rules:
- The Center shall forward to the parties a list of potential mediators which shall be composed of at least three candidates.
- Each party may delete the name of any candidate or candidates whose appointment it objects to and shall list the remaining candidates in order of preference. These lists, drawn up by the parties, shall be sent to the Center within seven calendar days from the date of their receipt. If a party fails to return the list within this period, it shall be deemed to have accepted all the candidates appearing on the list.
- As soon as possible after receipt of the lists from the parties or, failing this, after the expiration of the above time limit, the Center shall, taking into account the preferences and objections expressed by the parties, appoint a person from the list as mediator.
- If the lists that have been returned do not contain the name of any person acceptable to both parties as a mediator, the Center shall be authorized to appoint the mediator. The Center shall also be authorized to act in the same manner if a person is unable or unwilling to accept the Center's invitation to be a mediator or if there appear to be other reasons preventing that person from being the mediator and if no person remains on the lists who is acceptable as a mediator to both parties.
- Notwithstanding the foregoing, the Center may appoint the mediator directly if it determines that, in its judgment, the procedure described above is not appropriate for the case.
- The mediator shall be and remain neutral, impartial and independent throughout the mediation and shall not have any personal, professional or business relationship with the parties. Before the appointment or the confirmation, the mediator shall sign a declaration of independence and impartiality stating any fact or circumstance that might give rise to doubts as to the mediator's independence or impartiality.
- The mediator shall promptly disclose to the Center and the parties any circumstance of disclosure arising during the mediation.
- By accepting his/her appointment, the mediator undertakes to perform his/her function until its completion with diligence and following the provisions of the MEDIAUTOR-WIPO Rules.
The parties may agree on how the mediation shall be conducted, including face-to-face meetings, by telephone, via videoconference or using online tools. If the parties do not do so, the mediator may determine, following the MEDIAUTOR-WIPO Rules, how the mediation is to be conducted.
The parties shall submit to the mediator and the other party a brief containing a summary of the background to the dispute, the claims and arguments of each party about the dispute and the current status of the dispute, together with such other information and material as the party considers necessary for the mediation and, in particular, to enable the issues in dispute to be identified.
The mediator may meet with the parties individually and separately ("caucus") or jointly. Information provided in meetings with one party shall not be disclosed to the other party without the express authorization of the party providing the information.
The mediation may be concluded with an agreement, either in whole or in part, or without agreement.
The mediation procedure shall be terminated
- by agreement of the parties;
- at any time by a written declaration of one of the parties;
- when the time initially foreseen (or any extension agreed upon) by the parties for the development of the mediation has elapsed without having been reached an agreement;
- by decision of the mediator if in his or her opinion it is unlikely that the extension of the mediation will lead to a settlement of the dispute;