Mediation is not an appropriate dispute resolution procedure in all cases. When it comes to forgery or deliberate piracy in bad faith, it is unlikely that both parties will cooperate. If a party is certain to have a clear case or if the objective of the parties or one of them is to obtain a neutral opinion on a question of actual difference, to set a precedent or to be publicly confirmed on a contentious issue, mediation may not be the appropriate procedure. The agreement remains the property of the parties, not the mediator, although at some point the Ombudsman may ask the parties to focus on the compliance of the agreement with what has been drawn up and on the commercial outcome of that agreement. Mediation, which is a non-offensive mechanism, is not always the first form of solution that comes to mind. However, its outcome is binding, as is a court order or a legal contract, literally spoken. In fact, there are two approaches to the binding nature of mediation agreements, and each one resembles a court order or a contract. On the other hand, mediation is an attractive alternative if one of the following priorities is one or both parties: it should be noted, however, that the competence of mediators appointed under WIPO mediation rules is not limited to different categories of subjects. A mediator appointed in accordance with WIPO`s mediation rules is responsible for all aspects of a dispute. It is up to the parties to decide whether they feel the purpose is appropriate for WIPO mediation.
The last section of this guide contains recommended clauses for both situations, which are the choice between consent to mediation alone or consent to mediation, in the event that an agreement is not reached through mediation, through arbitration. This latter priority makes mediation particularly appropriate when the dispute between the parties to an ongoing contractual relationship, such as a licence, distribution contract or joint research and development contract (R and; D) is taking place, since, as noted above, mediation offers the possibility of finding a solution by also referring to commercial interests and not just the strict legal rights and obligations of the parties. 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. Registering a mediation comparison with the court does not require you to take a new lawsuit, which means that you will not be charged the court filing fee, except for certain minimum fees at the time of registration. Information on the mandatory mediation process, including examples of mandatory mediation addendum, Binding Mediation Agreement. The mandatory mediation agreement and other related forms are available on the Construction Dispute Resolution Services, LLC website www.constructiondisputes-cdrs.com.