The International Organization for Mediation (hereinafter referred to as the Organization) is hereby established and shall function in accordance with the provisions of this Convention.
“mediation” means a process, whether referred to by the term mediation, conciliation or other similar expressions, whereby the parties attempt to reach a mutually acceptable and amicable settlement of their dispute on a voluntary basis with the assistance of a third person or persons (the mediator) who may facilitate a solution between the parties to the dispute and lack the power to impose it upon the parties;
b)
“Contracting States” means States which have consented to be bound by this Convention and for which this Convention is in force;
c)
“Non-Contracting States” means States for which this Convention has not entered into force;
d)
“parties” means all parties to a dispute and “party” means any one of them;
e)
“a third State” means a State which is involved in a dispute submitted by other States to the Organization;
f)
“international organization” means an intergovernmental organization.
The purposes and objectives of the Organization shall be to promote and facilitate peaceful settlement of international disputes and to develop friendly relations and cooperation among States through mediation.
shall act in accordance with the following principles:
a)
respect for sovereignty and territorial integrity, equality, non-interference in the internal affairs of States, and commitment to international rule of law;
b)
ensuring party autonomy and free choice of means in dispute settlement;
c)
good faith and a spirit of cooperation in seeking an amicable settlement of international disputes; and
d)
ensuring an impartial, neutral and equitable environment that fosters flexible and efficient approach to peaceful settlement of disputes through mediation.
In accordance with the principles and to implement its purposes and objectives, the Organization shall have the following functions:
a)
to provide mediation services for the resolution of international disputes;
b)
to promote the use of mediation in dispute resolution, to develop the culture of mediation, and to explore and promote best practices of mediation;
c)
to organize international, regional, national and local forums and conferences on mediation, building a platform for communication and information sharing;
d)
to promote cooperation for capacity building in the area of mediation, recognizing and giving priority to the needs of developing countries; and
e)
to cooperate and communicate with other international organizations and dispute resolution agencies.
1. The Organization is hereby conferred international legal personality and shall have full legal capacity:
a)
to contract;
b)
to acquire, and dispose of, immovable and movable property;
c)
to take legal actions, including instituting and responding to legal proceedings; and
d)
to take such other action as may be necessary or useful for its purposes, objectives and functions.
2. The Organization may exercise its functions and powers, as provided in this Convention, on the territory of any Contracting State and, by special agreement, on the territory of any other State.
1. The Organization shall be open and inclusive for membership of all States and regional integration organizations.
2. States having signed or endorsed the Joint Statement on the Future Establishment of the International Organization for Mediation shall be entitled to be Founding Members if they have consented to be bound by this Convention within five years after the entry into force of this Convention.
3. Other States shall be entitled to be Founding Members if they have consented to be bound by this Convention within two years after the entry into force of this Convention.
1. The Organization shall have a Governing Council and a Secretariat.
2. The Organization shall maintain Panels of Mediators.
3. The Organization may establish such subsidiary institutions or advisory bodies as it deems necessary for the performance and fulfillment of its purposes, objectives and functions.