Mediation

Gerard David

The Judgement of Cambyses, 1498

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Mediation is a dispute settlement mechanism, where, upon the parties’ agreement, a third neutral assists the parties in finding out a mutually acceptable solution to a dispute.

Arbitration Center at the Institute of Modern Arbitration signed a memorandum of understanding with the Scientific and Methodological Center for Mediation and Law.

How to Refer a Dispute to Mediation

  1. Before a dispute has arisen the parties may agree to refer the dispute to mediation by concluding an agreement to mediate.
  2. Arbitration Rules 2017 allow the parties to refer the dispute to mediation after the commencement of arbitration by concluding an agreement to refer the dispute to mediation before the final award is rendered.

Upon the parties’ request the mediation agreement concluded in writing based on the outcome of mediation may be confirmed by an arbitral tribunal in the form of an arbitral award on agreed terms.

International Mediators Database

Agreement to Mediate with Subsequent Referral of Dispute to Arbitration

Any and all disputes, controversies or claims arising out of or in connection with this Contract, or a breach, termination or invalidity hereof, shall be settled by the parties by means of direct negotiations.

If the parties fail to find an agreement during the direct negotiations, the dispute shall be referred to mediation administered by Autonomous Non-Profit Organisation “Scientific and Methodological Center for Mediation and Law” (Moscow) in accordance with the Mediation Rules.

If the mediation is not commenced in accordance with the Mediation Rules within thirty (30) days from the date of a Party’ proposal to mediate or within any other reasonable period indicated in the proposal, the Parties shall no longer be obliged to refer the dispute to mediation. In such case the dispute shall be referred to arbitration administered by the Arbitration Center at the Autonomous Non-Profit Organisation “Institute of Modern Arbitration” in accordance with the Arbitration Rules.

If the mediation was commenced within the period indicated above, but the dispute was not settled within sixty (60) days from the date of a conclusion of the agreement to mediate or any other period indicated in such agreement, the dispute shall be referred to arbitration administered by the Arbitration Center at the Autonomous Non-Profit Organisation “Institute of Modern Arbitration” in accordance with the Arbitration Rules.

The Parties agree that for the purposes of sending written submissions, notifications and other written documents the following e-mail addresses shall be used:

[ name of the Party ]: [e-mail address ]
[ name of the Party]: [e-mail address ]

In the event of change of the e-mail address specified above the Party shall immediately notify the other Party of such change and, if the arbitration has already commenced, also notify the Arbitration Center at the Autonomous Non-Profit Organisation “Institute of Modern Arbitration”. If such notice is not given, the Party failing to give notice shall be responsible for any written submissions, notifications and other written documents being sent to a wrong e-mail address.

The Parties hereby agree to be bound by and to execute the mediation agreement and (or) the arbitral award.