1. These Mediation Rules (“the Rules”) are administered by ADR Center Global (“ADR Center”) and its mediators.
2. They apply to any dispute in which the parties seek resolution and have agreed in writing to refer their dispute to mediation under these Rules, whether by contract, submission agreement, or referral. The parties may mutually agree to supplement these Rules, subject to the ADR Center’s approval and mediator agreement.
3. At the end of the First Online Mediation Session, the parties may decide to handle their mediation within a certain jurisdiction, in line with a specific legal or regulatory framework for mediation, subject to applicable public or private mediation policies, in force at the time of their decision.
4. Mediation shall be used under these Rules unless the parties agree upon a different settlement procedure, as per the point above.
1. In these Rules, the following terms shall have the following meanings:
ADR Center: ADR Center Global srl—Società Benefit is a limited liability company registered under Italian law with Italian Company Registration Number (REA) RM—1541118 and VAT Number IT 14722131001. Its registered office is Via Marcantonio Colonna 54 - 00192 Rome, Italy or any other affiliated company.
ADR Center Accredited Mediator: Mediator trained by the ADR Center Academy in line with its SOLVE training methodology;
Agreement to Mediate: a written agreement in which the Parties and ADR Center agree to engage in a mediation process managed by ADR Center, facilitated by an ADR Center Mediator and with the view to resolving the Issue through Mediation.
Case manager: the professional(s) assigned by ADR Center to manage the Case Management System, screen the mediation request, communicate with the parties and mediators, handle documents and logistics, coordinate mediator appointment and session arrangements, issue invoices and track payments, all while remaining impartial and bound by confidentiality.
First Online Mediation Session: a two-hour structured online session where Parties can confidentially discuss their dispute with an ADR Center mediator to assess the feasibility of mediation, determine if they are willing to proceed with it and develop the most effective way of doing so.
First Online Mediation Session Fee: the one-off fee that is due jointly by the Parties for the First Mediation Session in the amount established by these Rules and publicly available on the ADR Center’s website.
IMI-Certified Mediator: Experienced mediator who passes the assessment conducted by a Qualifying Assessment Program (QAP) for experienced mediators that was previously evaluated and approved by the International Mediation Institute (IMI).
IMI-Qualified Mediator: Mediator trained by a Certified Mediation Training Program (CMTP) that was previously assessed and approved by the International Mediation Institute (IMI).
Issue: the issues raised by the parties during mediation.
Mediation: a collaborative decision-making procedure in which the Parties try to resolve their Issues with the assistance of an ADR Center Mediator and in accordance with the Rules.
Mediation Brief: a brief document shared confidentially by each party with the Mediator before the First Mediation Session to include information about the nature of the dispute, a summary of facts, the use of law, any previous attempts for settlement, the assessment of the obstacles before settlement and other information that may help the Mediator prepare and strategize an effective mediation approach. The Mediation Brief may have a closed part that is reserved to the mediator and an open part (i.e., the nominal list of representatives that will participate in mediation, the invitation to negotiate framed in a way that the other party feels more inclined to come to the negotiation as a problem-solving ally, not as a legal opponent). The open parts will be shared by the mediator with both parties simultaneously (if one party does not share a Mediation Brief with the mediator, they will not receive the open part of the other party’s Mediation Brief).
Mediator (or ADR Center Mediator): the person who conducts the Mediation, who is trained and certified as a Mediator and listed on the ADR Center panel of mediators.
Party/Parties: the parties who wish to try to resolve the Issue through Mediation.
Request: a request for mediation submitted jointly by all parties, by any party to a dispute, or an interested stakeholder, together with supporting documents.
Requesting party: party(s) that submit the request for mediation.
Responding party: party(s) to a case that didn’t submit the request and are invited to respond to the invitation to mediation.
Rules: these Rules.
1. Mediation may be initiated by (a) a joint Request by all Parties; or (b) a unilateral Request under a mediation clause, legal framework or otherwise, accompanied by a request to invite the other Party. Any Party or Parties wishing to initiate Mediation or a First Online Mediation Session to assess the feasibility of the procedure in solving the Issue can submit a Mediation Request through ADR Center’s Case Management System (see adrcenter.com for more details about how to submit a case for mediation).
2. The Requesting Party may request ADR Center to invite another Party to participate in a Mediation procedure or a First Online Mediation Session, by providing the other Party’s name and contact details. Upon receipt of such a request, ADR Center will contact the Responding Party(s) within 10 business days from the date when the request was received and facilitate the decision to participate in either a First Online Mediation Session where Parties discuss the feasibility of the procedure to solving the Issue or in a full Mediation process under these Rules.
3. The Mediation Request may contain, as applicable, a Mediation Brief and whether a First Online Mediation Session is also requested to verify amenability to proceed towards Mediation. It shall also set forth the contact information of all Parties to the dispute and the counsel, if any, who will represent them in the Mediation. The Request will indicate clearly who is(are) the Requesting Party(s) are, and who is(are) the Responding Party(s) are that need to be contacted by ADR Center and invited to mediation.
4. The Requesting Party may attach any documents that they consider may assist in a better understanding of the case.
5. Unless all Parties submit the Request for a full mediation process, the ADR Center will set the date for the First Online Mediation Session between 20 and 40 business days from the date the request was received and promptly invite the Responding Party(s). The invitation will be submitted through the ADR Center’s Case Management System, and a notification will be sent by email. Where possible, the Responding Parties will be contacted by phone and regular post.
6. If the Responding Party declines or fails to respond to the invitation within 10 business days from the date of the invitation, the matter shall be closed with notice to the Requesting Party.
7. Where the Responding Party agrees to take part either in Mediation or in a First Online Mediation Session, they shall submit to ADR Center the Mediation Brief and any information and documents considered necessary for a better understanding of the case.
8. Prior to the First Online Mediation Session, the Case Manager shall further discuss separately with the Parties the type of mediation expertise that may be required, available mediators from ADR Center’s roster to be assigned to the case and the fee structure that may apply depending on the seniority of the mediator chosen.
1. The ADR Center will appoint an ADR Center-accredited mediator or a mediator from the list of IMI-qualified or IMI-certified mediators of the International Mediation Institute (IMI) (https://imimediation.org/) based on the parties' preference and the mediator's availability. Such appointment shall be based on the complexity and sector of the dispute, the number of parties and the parties’ preference.
2. Тhe Parties may nominate one or more Mediators or request the ADR Center to appoint one or more Mediators to mediate or co-mediatе the case, whereby the provisions of the Rules shall bind each Mediator. In appropriate circumstances, the ADR Center may, upon its initiative, propose to the Parties that there be more than one Mediator.
3. If a situation likely to affect the purpose, neutrality and impartiality of the Mediator arises before or during mediation, the Mediator is required to notify the Parties about it, which shall decide on the continuation or termination of the Mediation process. Regardless of the Parties’ views, the Mediator shall have the right to terminate their role in the Mediation process if they assess that their neutrality, impartiality, or independence has been severely compromised, rendering them unable to remain objective.
1. Before officially accepting his/her appointment, the Mediator shall sign a declaration of impartiality, neutrality and independence.
2. Any Mediator, whether selected jointly by the parties or appointed by ADR Center, will disclose both to ADR Center and to the parties whether (s)he has any financial or personal interest in the outcome of the Mediation or whether there exists any fact or circumstance reasonably likely to create a presumption of bias or affiliation with any of the Parties. Upon receiving any such information, after soliciting the views of the parties, ADR Center may replace the Mediator, preferably from the lists of acceptable Mediators previously returned by the Parties.
3. Any Party may request the ADR Center to replace the Mediator on reasonable grounds related to impartiality or independence. ADR Center shall decide in response to the said request within 5 (five) Business days from the date of its receipt.
1. Parties are expected to attend the Mediation personally. They may be accompanied by lawyers, experts or other advisors, provided their role is disclosed in advance.
2. If a Party cannot attend in person, it must designate a representative fully informed of the dispute and authorized to negotiate and conclude a settlement.
3. Parties other than natural persons are expected to have present throughout the Mediation a senior officer, partner or other employee authorized to make decisions concerning the resolution of the dispute. The Mediator shall require such persons to present evidence of the mandate to represent.
1. The date and time of each Mediation session shall be scheduled by the Mediator in consultation with the Parties and the ADR Center.
2. Sessions may be held online, at ADR Center’s facilities, or at another mutually agreed-upon venue.
3. The preferred format (in-person, online or hybrid) should be agreed upon before every session.
1. The conduct of the First Online Mediation Session is optional and not a condition precedent to initialing full Mediation. ADR Center shall notify the Requesting party that the Responding party has accepted to participate in a First Online Mediation Session or Mediation and shall establish a deadline for payment of the provisional costs of the Mediation or the First Online Mediation Session Fee. In the event of a failure to pay those costs by the deadline, the process shall be closed, and the Parties shall be informed.
2. The First Online Mediation Session shall be held by the ADR Center-appointed mediator online with the participation of one or both Parties. The goal is to assess the matter, explain the mediation process, and determine readiness for full Mediation.
3. After the session, Parties shall decide whether to proceed to full Mediation. If they decline, the matter is closed and no further fees apply.
4. If the Parties decide to continue with full Mediation, they would, together with the ADR Center Mediator and the Case manager, specify the terms pursuant to which this shall be done and the process design to be followed.
5. The Mediation Briefs and documents already disclosed are confidential and shared in full or in part only with the consent and instructions of the disclosing Party.
6. Correspondence with the ADR Center shall be in English, while Mediation shall be conducted in the language agreed upon by the Parties and the ADR Center Mediator. If the Parties agree to conduct the process in a language the appointed mediators do not speak, the ADR Center will arrange translation services and inform the parties of any additional costs for their approval.
1. Parties may opt to begin with full Mediation immediate, even if no First Online Mediation Session has been held or after its closure. The Mediator may conduct the Mediation with flexibility, taking into account the circumstances of the case, the preferences of the parties and the need for an efficient dispute resolution process. The mediator does not have the authority to impose a settlement on the parties. The mediator is authorized to conduct both joint and separate meetings with the parties as per his discretion, pending inclusive consultations with the parties. If requested and if acceptable for all parties involved, the mediator may, with the parties' consent, make non-binding settlement suggestions.
2. The recording or transcribing of statements made and information exchanged by the participants or of the acceptance or rejection of any settlement proposals put forward by the Mediator or the Parties are prohibited.
3. Mediation sessions, joint and individual, are private and confidential. Persons other than the Parties and their representatives may attend only with the parties' permission and after signing a Non-Disclosure Agreement.
4. Each Party shall act in good faith during the Mediation procedure and shall be allowed equal opportunities to offer its perspective on the issues being discussed.
5. At the core of the mediation process should be the principle of do no harm, according to which a mediation process should harm neither Party nor anyone else. The Parties should raise any concern of harm at any given time with the Mediator or the ADR Center.
1. Mediation shall terminate where:
The Parties have reached a full and final mediation settlement agreement.
One or more Parties declare their intention not to continue;
The mediator determines that further efforts are unlikely to resolve the dispute;
The limit established in advance for the duration of the Mediation has expired, and the Parties have not agreed to extend it.
Required fees or costs have not been paid by the deadline;
ADR Center terminates the process for administrative or procedural reasons.
2. Either party or the mediator will notify their intentions to terminate the process through the ADR Center Case Management System.
1. All information, records, reports or other documents received by a Mediator while serving in that capacity will be confidential. The Mediator will not be compelled to divulge such records or to testify or give evidence in regard to the Mediation in any adversary proceeding or judicial forum. Further, the Parties will maintain the confidentiality of the mediation and will not rely upon or introduce as evidence in any arbitral, judicial or other proceeding:
a. views expressed or suggestions or offers made by another Party or the mediator in the course of the Mediation proceedings;
b. admissions made by another Party in the course of the Mediation proceedings relating to the merits of the dispute;
c. any evidence or source of evidence does not become inadmissible solely as a result of its use in the Mediation.
2. In line with international good practices, the information disclosed in private sessions (caucuses) shall not be shared with the other Party without the express consent of the disclosing Party.
3. These obligations apply to the Parties, their representatives, observers, and the ADR Center.
1. Neither ADR Center nor any Mediator will be liable to any Party for any act or omission alleged in connection with any Mediation conducted under these Rules or the resulting settlement agreement reached as a result thereof, except in cases of willful misconduct or gross negligence.
1. The Mediator will interpret and apply these Rules insofar as they relate to the Mediator’s duties and responsibilities. All other procedures will be interpreted and applied by the ADR Center.
1. Unless otherwise agreed by the parties and ADR Center, mediation fees and expenses, including, without limitation, the fees and expenses of the Mediator, will be paid equally by each Party to the Mediation according to “Annex No. 1 Mediation Fees Schedule”, which forms an inseparable binding part of these Rules.
1. Unless all Parties agree in writing, the Mediator may not act as an arbitrator or as a representative of, or counsel to, a Party in any arbitral or judicial proceedings relating to the dispute that was the subject of the Mediation.
2. For the ethical purposes of the ADR Center International Mediation Rules, it is expected that the above paragraph will be applicable in the upcoming 12 months from the closure of the ADR Center mediation process.
1. The Parties undertake not to initiate, during the Mediation, any arbitral or judicial proceedings in respect of a dispute that is the subject of the Mediation, except that a Party may initiate arbitral or judicial proceedings when, in its opinion, such proceedings either are necessary to toll a limitations period, including a statute of limitations that may be applicable, or are necessary otherwise to preserve its rights in the event that the Mediation is unsuccessful.
1. Any settlement reached in the Mediation will not be legally binding until it has been reduced to writing and signed by, or on behalf of, the Parties. ADR Center and/or the Mediator is not in charge of or obliged to formalize the settlement agreement. The final wording of the settlement agreement and its enforceability thereafter shall be jointly decided and executed by the Parties and their lawyers.
1. The Mediation shall be governed by, construed and take effect in accordance with the laws where the Mediation takes place. The courts of the state where the Mediation takes place have exclusive jurisdiction to settle any claim, dispute or matter of difference that may arise out of or in connection with the Mediation.