Mediation under this Convention shall be conducted in accordance with the principles of voluntariness, impartiality, independence, good faith, efficiency and cost- effectiveness.
1. The parties to a dispute wishing to institute mediation proceedings shall submit a request to the Secretary-General in accordance with the rules of procedure for the institution of mediation proceedings.
2. The Secretary-General shall register the request unless he or she finds that the dispute is manifestly outside the scope of this Convention or involving a third State while no prior consent is given by that State. The Secretary-General shall forthwith notify the parties of registration or refusal to register.
1. Mediation proceedings shall be conducted in accordance with the provisions of this Convention and, except as the parties otherwise agree, in accordance with the rules of procedure for mediation proceedings adopted by the Governing Council.
2. The mediator shall disclose any potential conflicts of interest to the parties.
3. The mediator shall seek to maintain fair treatment of the parties and promote the settlement of the issues in dispute between the parties in accordance with the code of conduct for mediators.
All information relating to the mediation proceedings conducted under this Convention, and all documents generated in or obtained during the mediation proceedings, shall be confidential, unless the parties agree otherwise, the information or document is already publicly available, or disclosure of information is required by law with an exception for disputes referred to in
Unless otherwise agreed by the parties, no party shall be entitled in any other proceedings, whether before arbitrators or in a court of law or otherwise, to invoke or rely on any views expressed or statements, admissions, or offers of settlement made by any other party in the mediation proceedings, or the report or any recommendations made by the mediator.
Unless otherwise agreed by the parties or required by applicable law, the mediator shall not act in any other capacity whatsoever in any pending or future proceedings, whether judicial, arbitral or otherwise, relating to the same subject matter of the dispute.
by the conclusion of a settlement agreement by the parties covering any or all of the issues in dispute between the parties;
b)
by a written declaration of a party at any time; or
c)
by any other method or under some circumstances agreed by the parties or specified in applicable rules.
2. Upon the termination of the mediation, the Secretary-General shall be promptly notified that the mediation is terminated by the mediator and/or the parties, who shall indicate the date on which it terminated, whether or not the mediation resulted in a settlement of the dispute and, if so, whether the settlement was full or partial.
1. The charges payable by the parties for the use of the mediation services and facilities of the Organization shall be determined by the Secretary-General in accordance with the rules and regulations adopted by the Governing Council.
2. The fees and expenses of mediators shall be determined within limits established from time to time by the Governing Council.
3. The fees and expenses of mediators as well as the charges for the use of the mediation services and facilities of the Organization shall be borne equally by the parties unless otherwise agreed. Each party shall bear any other expenses it incurs in connection with the proceedings.
1. Mediation under this Convention shall remain available to the parties at any time, regardless of whether other dispute settlement proceedings have been already instituted.
2. Mediation may continue while other dispute settlement proceedings proceed, if the parties so agree.
3.The parties may agree that, to the extent permitted by applicable law, the running of the limitation period under any applicable law of limitations or an equivalent rule shall be suspended in relation to the dispute that is the subject of the mediation from the date of the commencement of the mediation until the date of the termination of the mediation.
4.Mediation conducted under this Convention is without prejudice to the rights of the parties to resolve their dispute under any other dispute settlement mechanism that is available to them.