THE MEDIATION RULES 2021
On 1st January 2021 entered into force the new CAIP Mediation Rules which were entirely reshaped to incorporate the latest evolutions in civil and commercial mediation.
The Rules’ scope is no longer limited to judicial mediation; the parties are now entitled to use mediation by inserting a clause in the contract or by concluding a mutual agreement when a dispute arises or at any time during arbitral proceedings, by agreement from both parties or after proposition from the CAIP’s Chairman. This way, mediation offers a chance for parties to find a prompt and amicable settlement of their dispute without going before judicial courts.
The new Rules are drafted to precisely distinguish between contractually planned mediation and the mediation without contractual basis.
The mediator’s independence and Impartiality is guaranteed by this new text. By integrating and overseeing this principle, CAIP offers more security for parties in mediation procedure. The Court ensures the procedure’s confidentiality.
Similarly to the Rules of arbitration, the procedure is by principle dematerialized according to the Mediation Rules.