Chapter IV: The Mediator

Rule 12: Qualifications of the Mediator

  1. The mediator shall be impartial and independent of the parties.

  2. The parties may agree that the mediator shall have specific qualifications or expertise.

Rule 13: Number of Mediators and Method of Appointment

  1. There shall be one mediator or two co-mediators. Each mediator shall be appointed by agreement of the parties. All references to “mediator” in these Rules shall include co-mediators, as applicable.

  2. If the parties do not advise the Secretary-General of an agreement on the number of mediators within 30 days after the date of registration, there shall be one mediator appointed by agreement of the parties.

  3. The parties may jointly request that the Secretary-General assist with the appointment of a mediator at any time.

  4. If the parties are unable to appoint the mediator within 60 days after the date of registration, either party may request that the Secretary-General appoint the mediator not yet appointed. The Secretary-General shall consult with the parties as far as possible on the qualifications, expertise, nationality and availability of the mediator and shall use best efforts to appoint any mediator within 30 days after receipt of the request to appoint.

  5. If no step has been taken by the parties to appoint the mediator within 120 consecutive days after the date of registration, or such other period as the parties may agree, the Secretary-General shall notify the parties that the mediation is terminated.

Rule 14: Acceptance of Appointment

  1. The parties shall notify the Secretary-General of the appointment of the mediator and provide the name and contact information of the appointee.

  2. Upon receipt of a notification pursuant to paragraph (1), the Secretary-General shall request an acceptance from the appointee.

  3. Within 20 days after receipt of the request for acceptance of an appointment, the appointee shall:

    1. accept the appointment; and

    2. provide a signed declaration in the form published by the Centre, addressing matters including the mediator’s independence, impartiality, availability and commitment to maintain the confidentiality of the mediation.

  1. The Secretary-General shall notify the parties of the acceptance of appointment by the mediator and transmit the signed declaration to them.

  2. The Secretary-General shall notify the parties if a mediator fails to accept the appointment or provide a signed declaration within the time limit referred to in paragraph (3), and another person shall be appointed as mediator in accordance with the method followed for the previous appointment.

  3. The mediator shall have a continuing obligation promptly to disclose any change of circumstances relevant to the declaration referred to in paragraph (3)(b).

  4. Unless the parties and the mediator agree otherwise, a mediator may not act as arbitrator, conciliator, counsel, expert, judge, witness or in any other capacity in any proceeding relating to the issues in dispute in the mediation.

Rule 15: Transmittal of the Request

As soon as the mediator has, or both co-mediators have, accepted the appointment(s) and signed the declaration required by Rule 14(3)(b), the Secretary-General shall transmit the Request, any supporting documents, communications received from the parties and the notice of registration to each mediator and notify the parties of the transmittal.

Rule 16: Resignation and Replacement of Mediator

  1. A mediator may resign by notifying the Secretary-General and the parties.

  2. A mediator shall resign:

    1. on the joint request of the parties; or

    2. if the mediator becomes incapacitated or fails to perform the duties required of a mediator.

  1. Following the resignation of a mediator, the Secretary-General shall notify the parties of the vacancy. A new mediator shall be appointed by the same method used to make the original appointment, except that:

    1. the Secretary-General shall fill any vacancy that has not been filled within 45 days after the notice of the vacancy; or

    2. if a co-mediator resigns and the parties notify the Secretary-General within 45 days after the notice of the vacancy that they have agreed to continue the mediation with the remaining co-mediator acting as sole mediator, no new mediator shall be appointed.