Mediation is above all a non-binding procedure. This means that, although the parties have agreed to mediate a dispute, they are not required to continue the mediation process after the first meeting. In this sense, the parties still have control over mediation. The continuation of the process depends on their continued acceptance. Mediation is a confidential procedure. Confidentiality promotes openness and openness in the process by ensuring that all authorizations, proposals or offers of settlement will have consequences beyond the mediation process. They generally cannot be used in future litigation or arbitration proceedings. WIPO`s mediation rules contain detailed provisions that also seek to preserve confidentiality with respect to the existence and outcome of mediation. As soon as both parties have received legal advice and you are still satisfied with the proposals, the summary established by the mediation is drawn up as a legally binding document and approved by the court. It is simply a “rubber stamp exercise” and, in most cases, neither party will have to appear in court. By agreeing to submit a dispute to MEDIATION, the parties adopt WIPO`s mediation rules as part of their mediation agreement. These rules have main tasks: mediation, also known in many parts of the world as mediation, has a long history on the diplomatic level.
In the commercial world, interest has increased sharply in recent years. This growing interest is partly due to dissatisfaction with the costs, delays and duration of litigation in some jurisdictions. However, the growing interest also stems from the benefits of mediation, including its appeal as a procedure that gives the parties full control over both the proceedings to which their dispute is subject and the outcome of the proceedings. The parties decide where they want mediation. Mediation under WIPO mediation rules is not necessary in Geneva. The mediation agreement contains details on how to conclude a dispute and if one of the parties is then late in the mediation contract, the other party. In other words, the applicant will attempt to bring an action on the basis of the terms of the mediation agreement. One of the great advantages of binding mediation is that the parties have the opportunity to participate directly in the mandatory mediation process from the beginning to the end of the mandatory mediation meeting. In arbitration proceedings and disputes, the trial is generally conducted by counsel for the parties and the parties are only allowed to participate directly if they testify or are cross-heard by the opposing counsel. Another advantage is that the parties, in mandatory mediation, can represent themselves and do not need to use the services of a lawyer, although many people use lawyers in the mandatory mediation process. The Ombudsman`s decisions are drafted on a separate agreement on the mediation regime and are signed by the parties.
The two mediation agreements concluded with the other conciliation agreement are binding on the contracting parties, in accordance with a binding mediation agreement or a binding mediation agreement previously signed by the parties. If one of the parties is dissatisfied with the ombudsman`s decision and does not sign or refuse to sign the conciliation agreement, the conciliation agreement is binding on both parties, since the binding mediation agreement or the binding addendum signed by the parties are bound by the mediator`s or the decisions of the mediator.