It is possible to combine mediation and arbitration. In this case, the dispute is first subject to mediation in accordance with WIPO`s mediation rules. In the absence of an agreement within a specified time frame (it is recommended that the parties provide for either 60 or 90 days) or if a party refuses to participate in or continue to participate in mediation, the dispute is referred by arbitration in accordance with WIPO`s arbitration rules (or, if the parties agree, by expedited arbitration). The advantage of the combined procedure is the incentive it provides for the faithful engagement of both parties to the mediation process, since the consequence of a failure of a financial and management commitment agreement that should result from subsequent arbitration will be more tangible. Mediation, ordered by the courts, must begin with an introduction by the Ombudsman, who explains the process and the role of the mediator. Among other things, the Ombudsman should declare that it is the parties who make the decisions, not the Ombudsman. The introduction of the Ombudsman is usually followed by an opportunity for you and the other side to describe your concerns. If your lawyer is with you at mediation, these introductory remarks can be made by you, your lawyer or both of you. According to these early procedures, the way mediation is conducted varies. As a general rule, the Ombudsman will meet with both parties to discuss issues that will help you develop your differences. The Ombudsman can also meet with any party in private. This separate session is called caucus. As a general rule, the Ombudsman is prohibited from sharing what is being discussed unless you give the Mediator permission to repeat what you say to the caucus.
Whether you`ve been sued for misrepresentation or think you`ve entered into a contract under false pretenses, the commitment is relatively high for your business. Depending on the nature of your case, the key to your success in court may come down to a very small detail of the fact. Talk to an experienced business lawyer near you today to find out about your options. Experimental community mediation programs with voluntary mediators began in the early 1970s in several large Americas.