Mediation procedure

1. Mediation procedure in the practice of the AICAC is a set of organizational and legal actionsaimed at resolving international economic (commercial, trade) disputes arising between residents of different states and economic (commercial, trade) disputes  and disputes arising from civil legal and labor relations arising between residents of the United States.

2. Mediation procedure in the practice of the AICAC is carried out in accordance with the "Regulations of the mediation procedure in Joint Mediation Council of International Union of Commerce and Industry (London, UK) and  American International Commercial Arbitration Court".

3. Mediation is an alternative (non-judicial) method of dispute resolution that implies negotiations, adjustments and compromises made by the disputing parties with the help of one or more mediators.

4. Regulatory power and advocacy nature of the mediation procedure are based on the fact of confidence of the disputing parties in a mediator, as an authoritative person who facilitates negotiations between such parties and assist them in reaching a compromise settlement of the conflict by finding a mutually acceptable, effective solution unambiguously acknowledgeable by the  parties.

5. The disputing parties have the right to resort voluntarily to the mediation procedure defined by this Regulation and intended to settle their dispute, regardless of the fact that such dispute may be pending in any state court or arbitration court and regardless of the procedural phase of the consideration. However, the dispute cannot be referred for settlement by means of the mediation procedure, if a decision of a court or arbitration tribunal on it have entered into force, or in the course of its review in an arbitration tribunal or court, in accordance with the will of the parties, the procedure of peaceful settlement of the dispute is carried out, which should lead to the conclusion of a settlement agreement. 

6. Implementation of mediation is based on the principles of free and equal access of the parties to the procedure, the voluntary consent of the parties to participate in it and their desire to settle disputes through negotiation, as well as  confidentiality, objectivity and impartiality of the mediation procedure, a free selection of mediators, their  neutrality and independence.

7. Participants in the procedure of mediation are the parties and the mediator. Parties in mediation may be both individuals and legal entities, including public state government bodies of different countries.

8. The Joint Mediation Council of International Union of Commerce and Industry (UK) and American International Commercial Arbitration Court (USA) is formed from among arbitrators of the Arbitration Court, other authoritative lawyers, human rights lawyers and public men, as well as other highly qualified professionals in various fields from around the world.

9. Unless the parties agree otherwise, the mediation is conducted by one mediator.

10. The mediator is selected by the parties on the List of mediators of Mediation Council (hereinafter - the List of mediators). Also, with the mutual consent of the parties, other persons can be appointed as mediators if their personal qualities meet the requirements for mediators. The parties may agree that a sole mediator or more mediators shall be elected by the Chairman (Speaker) of the Mediation Council, appointed jointly by the Presidents of International Union of Commerce and Industry  and  the Arbitration Court.

11. Among the main tasks of the mediator in the process of conciliation are:

  •  identification of real interests and intentions of each of the parties within their relations and in the process of mediation;
  •  development and implementation of measures for convergence of interests and intentions of the parties, leading to the settlement of the conflict between the parties and the achievement of a mutually acceptable agreement on the nature of the dispute.

12. Settlement Agreement (agreement of reconciliation) is executed by the Secretariat of the Arbitration Court with the participation of a mediator and signed by the parties.

13. In the event the parties reach agreement on a settlement agreement, the Secretariat of the Arbitration Court issues the  Report on the procedure of mediation, which is endorsed by the mediator.

14. The Report on the mediation registers all terms of the Settlement Agreement, which the parties committed themselves to conclude, and finally sets the total amounts of fees associated with the mediation procedure payable by the parties, taking into account the previous payments and the need for redistribution of costs associated with paying these fees between them.

15. Fees associated with the mediation procedure which are payable by the parties, consist of: registration fee, administrative fee, remuneration fee and compensating fees.