Mediation differs from court or arbitral proceedings primarily in that mediation is not adjudication. A mediator cannot issue a binding decision; they strive to assist the parties in reaching an agreement that solves the dispute and newly defines their mutual rights and obligations. The parties decide on mediation especially where i a fast solution of the dispute is of importance; where ii they wish to influence the process of finding a solution and the contents of the final solution agreement; where iii confidentiality is of importance; where iv the dispute mainly concerns facts and not legal issues; or where v the case concerns a long-term or important business relationship which the parties wish to resume..
The parties can use mediation as a stand-alone procedure or in combination with the classic or expedited arbitration under the Ljubljana Arbitration Rules. Ljubljana Mediation Rules apply if the parties agree on them prior to or after the dispute arises.
The parties may use standard clauses to combine mediation and arbitration:. Under the Ljubljana Mediation Rules, mediation can commence in two ways: either the parties propose mediation together , or one party proposes mediation to the other through the Ljubljana Arbitration Centre. Legal Notice Privacy policy About the website Sitemap. Mediation What is mediation? Mediation is a non-formal, non-binding, confidential and structured procedure, where the parties voluntarily strive to reach an amicable settlement of dispute concerning or arising out of a contractual or other legal relationship, with the assistance of a neutral third party the mediator , regardless of whether the procedure is referred to by the expression mediation, conciliation or an expression of similar import.
The parties may use standard clauses to combine mediation and arbitration: Mediation as a stand-alone procedure; First mediation and then classic arbitration under the Ljubljana Arbitration Rules , if necessary; and First mediation and then expedited arbitration under the expedited arbitration rules , if necessary.
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