Mediation Process

DownloadMediation Process.pdf

​Step 1

 
Request for Mediation
The party submits a request to the Secretariat of EMAC and pays the filing fee (Art 2 -3)
Step 2
 
Consent of the Other Party for Mediation
The Secretariat of EMAC will communicate with the other party to have his/her consent to conduct mediation, and if he/she agrees to that, the procedures of mediation shall continue. (Art. 3)
Step 3
 
Appointment of Mediator
The parties appoint whoever they accept to mediate between them. In the event that the parties fail to appoint a mediator, the Centre shall appoint the mediator, and the parties have the right to accept or not accept such mediator within one week. (Art. 4-6)
Step 4
 
Mediation Proceedings
The appointed mediator shall immediately perform the tasks assigned to him/her by contacting the parties and holding the necessary meetings provided that the parties provided all the documents and papers of the dispute. (Art. 7)
Step 5
 
Time of Mediation
The mediator shall complete his/her assignment within 30 days from the date of notification to assume the task. (Art. 8)
The Secretariat of EMAC may extend the duration, provided that, the mediator shall at all cases complete the assignment within 90 days from the date of notification to assume the task. (Art. 9)
Step 6
 
Termination of the Mediation The mediation proceedings shall terminate in the following cases:
  1. In case an amicable settlement is reached
  2. In case any of the parties notifies the mediator in writing of his/her unwillingness to continue the mediation proceedings
  3. In case the mediator notifies the parties in writing of his/her opinion that the mediation will not resolve the dispute between them
(Art. 10)
Step 7
 
Settlement as arbitral award on agreed terms
If the parties to the dispute reach an amicable settlement, based on their request this settlement shall be registered in writing in the form of an agreed arbitration award. (Art. 11)
Step 8
 
Mediation Fees
The fees of the mediator shall be divided equally amongst the parties and paid by each party respectively. Such fees shall be determined by the Secretariat of EMAC in accordance with approved internal regulations. (Art. 12)
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