Mediation Procedure

The International Trade Council (ITC) will follow a structured procedure to receive and manage a request for mediation. While specific rules and processes may vary depending on the ITC’s own set of regulations, the following general step-by-step procedure can be used as a guide:

1. Receipt of Request for Mediation: The ITC receives a written Request for Mediation submitted by one or both parties, which should include the names and contact details of the parties, a brief description of the dispute, and any other relevant information, such as the mediation clause in the contract or the parties’ agreement to mediate.
2. Review and confirmation: The ITC reviews the submitted documents to ensure that they meet the requirements for initiating a mediation process. If the Request is complete and compliant with the ITC’s mediation rules, the ITC confirms the initiation of the mediation proceedings and informs both parties.
3. Appointment of a mediator: The ITC, in consultation with the parties, appoints a qualified and impartial mediator to facilitate the mediation process. The mediator should have expertise in the subject matter of the dispute and possess excellent communication and negotiation skills.
4. Scheduling of mediation sessions: The ITC, in coordination with the mediator and the parties, schedules one or more mediation sessions to take place at a mutually convenient time and location.
5. Pre-mediation preparation: The mediator may require the parties to submit pre-mediation statements, outlining their positions, interests, and goals for the mediation. The mediator reviews these statements to gain a thorough understanding of the dispute and prepare for the mediation sessions.
6. Conducting the mediation sessions: The mediator facilitates the mediation sessions, creating an open and constructive environment for the parties to discuss their issues and concerns. The mediator may use various techniques, such as joint sessions, private caucuses, or shuttle diplomacy, to help the parties find a mutually satisfactory resolution.
7. Confidentiality: The ITC, mediator, and the parties must maintain the confidentiality of the mediation proceedings, including any settlement proposals, offers, or admissions made during the process, unless otherwise agreed or required by law.
8. Settlement agreement: If the parties reach a settlement, the mediator assists them in drafting a written settlement agreement that outlines the terms of the resolution. The parties sign the agreement, which becomes legally binding and enforceable.
9. Termination of mediation: The mediation process may be terminated if a settlement is reached, if the parties agree to end the process, or if the mediator determines that further efforts are unlikely to result in a resolution.
10. Post-mediation follow-up: The ITC may follow up with the parties to ensure compliance with the settlement agreement or to gather feedback on the mediation process for quality assurance purposes.

Please note that this is a general guide, and the specific procedures followed by the ITC may differ. It is essential to consult the ITC’s own set of mediation rules and any relevant guidelines to understand the exact process for managing mediation requests.