(1) The mediator shall assist the parties in reaching a mutually acceptable resolution of all or part of the issues in dispute. The mediator has no authority to impose a resolution of the dispute on the parties.
(2) The mediator shall conduct the mediation in good faith and in an expeditious and cost-effective manner.
(3) The mediator shall treat the parties equally and provide each party with a reasonable opportunity to participate in the mediation.
(4) The mediator may meet and communicate with the parties jointly or separately. Such communication may be in person or in writing and by any appropriate means. Information received by the mediator from one party shall not be disclosed to the other party without authorization from the disclosing party.
The parties shall cooperate with the mediator and with one another and shall conduct the mediation in good faith and in an expeditious and cost-effective manner.
(1) Each party shall file a brief initial written statement with the Secretary-General describing the issues in dispute and its views on these issues and on the procedure to be followed during the mediation. These statements shall be filed within 15 days after the date of the transmittal of the Request pursuant to Rule 15, or such other period as the mediator may determine in consultation with the parties, and in any event before the first session.
(2) The Secretary-General shall transmit the initial written statements to the mediator and the other party.
(1) The mediator shall hold a first session with the parties within 30 days after the date of the transmittal of the Request pursuant to Rule 15 or such other period as the parties may agree.
(2) The agenda, method and date of the first session shall be determined by the mediator after consulting with the parties. In preparation for the first session, the mediator may meet and communicate with the parties jointly or separately.
(3) At the first session, the mediator shall determine the protocol for the conduct of the mediation (“Protocol”) after consulting with the parties on procedural matters, including:
(a) the procedural language(s);
(b) the method of communication;
(c) the place of meetings and whether a meeting will be held in person or remotely;
(d) the next steps in the mediation;
(e) the treatment of information relating to, and documents generated in or obtained during, the mediation;
(f) the participation of other persons in the mediation;
(g) any agreement between the parties:
(i) concerning the treatment of information disclosed by one party to the mediator by separate communication pursuant to Rule 17(4);
(ii) not to initiate or pursue other proceedings in respect of the issues being mediated;
(iii) concerning the application of prescription or limitation periods; and
(iv) concerning the disclosure of any settlement agreement resulting from the mediation;
(h) the division of advances payable pursuant to ICSID Mediation Administrative and Financial Regulation 7; and
(i) any other relevant procedural and administrative matters.
(4) At the first session or within such other period as the mediator may determine, each party shall:
(a) identify a person or entity authorized to negotiate and settle the issues being mediated on its behalf; and
(b) describe the process that would be followed to conclude and implement a settlement agreement.
(1) The mediator shall conduct the mediation in accordance with the Protocol and shall consider the views of the parties and the issues being mediated.
(2) The mediator may request that the parties provide additional information or written statements.
(3) The mediator may obtain expert advice with the agreement of the parties.
(4) The mediator may make oral or written recommendations for the resolution of any issues being mediated, if requested by all parties.
(1) The mediator, or the Secretary-General if no mediator has been appointed, shall issue a notice of termination of the mediation upon:
(a) a notice from the parties that they have signed a settlement agreement;
(b) a notice from the parties that they have agreed to terminate the mediation;
(c) a notice of withdrawal by any party, unless the remaining parties agree to continue the mediation;
(d) a determination by the mediator that there is no likelihood of resolution through the mediation; or
(e) fulfilment of the requirements of Rule 13(5).
(2) The notice of termination shall contain a brief summary of the procedural steps, any agreement of the parties pursuant to Rule 11, and the basis for termination of the mediation pursuant to paragraph (1).
(3) The notice shall be dated and signed by the mediator or the Secretary-General, as applicable.
(4) The Secretary-General shall promptly dispatch a certified copy of the notice of termination to each party and deposit the notice in the archives of the Centre. The Secretary-General shall provide additional certified copies of the notice to a party upon request.