These Rules apply to any civil or commercial dispute where the parties seek the settlement of such dispute and where, either by stipulation in a contract or by agreement, they have agreed that these Rules will apply. The parties may agree to vary these Rules at any time.
Art. 2 Initiation of Mediation
Any party or parties to a dispute wishing to initiate mediation may do so by filing with ADR Center a written request for mediation pursuant to these Rules.
A party may request ADR Center to invite another party to participate in mediation. Upon receipt of such a request, ADR Center will contact the other party involved in the dispute and attempt to obtain an agreement to participate in mediation.
A request for mediation should contain a brief statement of the nature of the dispute. 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 party submitting the request may attach any documents that they consider may assist in a better understanding of the case.
Where the party invited to mediation refuses to take part or fails to replay by the deadline, the process shall be abandoned and the party requesting mediation shall be informed.
Where the party invited to mediation agrees to take part, they shall submit the appropriate form to ADR Center providing any documents considered necessary for the purposes of a better understanding of the case.
Any documents submitted shall be available for consultation by all those participating to the mediation process.
ADR Center shall notify the party requesting mediation that the party invited has accepted and shall establish a deadline for payment of the costs of the mediation. In the event of a failure to pay those costs by the deadline, the process shall be abandoned.
Correspondence with ADR Center shall be in English or Italian, while the mediation shall be conducted in the language agreed upon by the parties.
Art. 3 Appointment of the Mediator
ADR Center shall appoint the mediator on the basis of the nature of the dispute and correspondence with the parties. The party may agree to select a mediator from ADR Center’s list of mediators.
Art. 4 Disclosures and replacement of a mediator
Before the first meeting with the parties, the mediator shall sign a declaration of impartiality, neutrality and independence.
Any mediator, whether selected jointly by the parties or appointed by ADR Center, will disclose both to ADR Center and to the parties whether he or she 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. 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.
Any Party may, separately or jointly and at any time, ask ADR Center for the mediator to be replaced where, in their view, there are circumstances that give rise to doubt about the mediator’s impartiality end independence. ADR Center shall make a decision in response to said request.
Art. 5 Representation
The intention is that the parties attend the mediation themselves, where they may be assisted by their personally appointed lawyers, experts and consultants.
Parties who do not attend mediation themselves, shall be required to appoint a representative who is fully informed on the case and its authorized to negotiate and sign the settlement agreement.
Parties other than natural persons are expected to have present throughout the mediation an officer, partner or other employee authorized to make decisions concerning the resolution of the dispute
Art. 6 Date, Time and Place of the Mediation
The mediator will schedule the date and the time of each mediation session. The mediation will be held at ADR Center ‘s Global Resolution Center convenient to the parties or at such other place as the parties, the mediator and ADR Center agree. The mediation may be also carried out remotely.
Art. 7 Conduct of the Mediation and Authority of the Mediator
The mediator may conduct the mediation in such a manner as he or she considers appropriate, taking into account the circumstances of the case, the wishes of the parties and the need for a speedy settlement of the dispute. 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. If requested, the mediator may make oral or written recommendations concerning an appropriate resolution of the dispute.
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 partied are prohibited.
Mediation sessions are private. Persons other than the parties and their representatives may attend only with the permission of the parties and with the consent of the mediator.
Art. 8 Termination of the Mediation
The mediation process shall terminate where:
Payment requested by ADR Center have not been made;
Parties reach a settlement;
Parties fail to reach an agreement;
Parties declare that they have, or appear to have, no interest in continuing the process;
The limit established in advance for the duration of the mediation has expired and the parties and the parties have no agreed to extend it.
Art. 9 Confidentiality
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. 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:
views expressed or suggestions or offers made by another party or the mediator in the course of the mediation proceedings;
admissions made by another party in the course of the mediation proceedings relating to the merits of the dispute;
any evidence or source of evidence does not become inadmissible solely as a result of its use in the mediation.
Art. 10 Exclusion of Liability
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.
Art. 11 Interpretation and Application of the Rules
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 ADR Center.
Art. 12 Administrative fees
Unless otherwise agreed by the parties to the mediation, all of ADR Center’s administrative fees and expenses, including, without limitation, the fees and expenses of the mediator, will be divided equally between or among the parties to the mediation.
Art. 13 Role of Mediator in Other Proceedings
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.
Art. 14 Resort to Arbitral or Judicial Proceedings
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
Art. 15 Governing Law and Jurisdiction
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.
Art. 16 Settlement Agreements
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.