Request mediation

The online form asks for the identity of the parties, a summary of the dispute in a few lines, the amount in issue if any, the language wanted and, where relevant, the name of the preferred mediator. No document is required at this stage.

The Registry forwards the invitation to the other party within two days and allows ten days to reply. It can arrange a telephone interview to explain mediation to a hesitant party.

If the parties accept, they sign an agreement setting the mediator, the timetable, confidentiality, the sharing of costs and the suspension of limitation and procedural time limits. It is signed online.

The agreement also specifies that the mediator cannot be called as a witness and that mediation exchanges will not be produced before the tribunal or a judge. The parties undertake to take part in good faith.

Each party writes a one-page position note, which remains confidential. It gathers the key documents, checks who will have decision-making authority and sets a range of acceptable solutions. It is also useful to think about the best and worst alternatives in the event of failure.

The mediator contacts the parties individually before the first session to prepare the ground and answer their questions. This preliminary exchange markedly improves the chances of success.

Refusal closes no door: arbitration remains possible if the agreement provides for it, and mediation may be proposed again during the proceedings. In some mediation-arbitration clauses, an unjustified refusal may be taken into account in the allocation of costs.

The Registry may offer a separate information interview to allay the concerns of the reluctant party: cost, confidentiality, absence of commitment.