Rules

Chapter V
Mediation


§ 50
Commencement of Mediation Proceedings

  1. Prior to the commencement of proceedings before an arbitration court or a common court, a party to the dispute may request that the Court of Arbitration at the PCC conduct, pursuant to these Rules, proceedings aimed at settling amicably the dispute specified in the request for mediation.
  2. A request for mediation should name the parties, specify the relief requested along with the circumstances warranting it, bear the signature of the party and enumerate the attachments. #75185v4 20
    If the parties concluded a mediation agreement in writing, a copy thereof should be attached to the request.

§ 51
Payment of Mediation Fee and Demand the Other Party

  1. The Secretary General of the Court shall call upon the petitioner to pay within the time limit fixed – not exceeding three weeks – the registration fee and half of the mediation fee in the amount specified in the “Schedule of fees” being in effect on the date of submission of the request; if the motion does not meet the requirements laid down in §50 Sec. 2, the General Secretary of the Court shall call upon the petitioner to cure the deficiencies.
  2. Following payment of the fees by the petitioner, the Secretary General of the Court shall deliver the request to the opposing party and call upon it to submit a statement on its consent to participation in mediation proceedings and to pay half of the mediation fee within the time limit fixed not exceeding three weeks.
  3. If the opposing party does not consent for mediation proceeding to be conducted, the mediation fee paid by the petitioner shall be returned thereto.
     

§ 52
Mediator

  1. After the opposing party consents to mediation proceedings and pays half of the mediation fee, the Secretary General shall invite the parties to appoint the mediator within no more than three weeks, at the same time sending the List of Mediators to the parties.
  2. If the parties do not appoint the mediator, the Arbitral Council shall nominate the mediator from among the persons included in the List of Mediators.
  3. The provisions of § 20 Sec. 4, § 21 Sec. 2 and 3, § 22 Sec. 3, § 24-25 and § 26 Sec. 1-5 relating to arbitrators shall apply to the mediator mutatis mutandis; provided, however, that the mediator shall be entitled to the rights of the Arbitral Tribunal.


§ 53
Mediation Proceedings

  1. Following receipt of the case file regarding the dispute, the mediator shall organize a mediation meeting, hear the parties and provide the parties with proposals for settling the dispute amicably.
  2. Prior to, or during the course of, the mediation meeting, the mediator may deal with the parties jointly or with each of them separately, in order to persuade them to conclude a settlement.
  3. The mediator should make efforts to ensure that the mediation proceedings are completed at the first meeting, unless otherwise decided by the parties and the mediator.
  4. No statements, explanations or motions of the parties made during the mediation meeting in connection with the possibility of settling the dispute amicably can be taken into consideration in arbitration or court proceedings, unless otherwise decided by the parties.


§ 54
Completion of Mediation Proceedings

  1. If the parties agree to conclude a settlement agreement, the mediator shall draw up a record containing the terms and conditions and the body of the settlement agreement. Mediation proceedings are completed upon the signature of the record by the parties and the mediator.
  2. If mediation does not result in a settlement being concluded by the parties, mediation proceedings are terminated after the mediator appends to the case file his statement in writing to the effect that no settlement has been reached.


§ 55
Giving the Settlement Agreement the Form of an Award

  1. Upon the joint request of the parties to give the settlement reached in the mediation proceedings the form of an award, the Arbitral Council shall appoint the mediator as an arbitrator authorized to issue an award.
  2. The Secretary General of the Court shall call upon the parties to pay within the time limit not exceeding three weeks the arbitration fee due to the Court for resolving the dispute, taking into account any mediation fees paid. The amount of the arbitration fee is specified in the “Schedule of fees” being in effect on the date of submission of the motion.
  3. The provisions of § 41-45 and § 47-48 of these Rules shall apply to an award issued as a result of mediation proceedings mutatis mutandis.

Full version of Arbitral Proceedings and Mediation

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