DIS MedR DIS Mediation Rules (2010)
DIS MedR
DIS Mediation Rules (2010)
4.1 The parties may freely chose and nominate a mediator. Unless otherwise agreed by the parties, the mediation shall be conducted by one mediator.
4.2 Where the parties have agreed on mediation proceedings with one mediator, they shall jointly nominate him to the DIS within one month after commencement of the mediation proceedings, unless they have agreed on the nomination by the DIS. Upon request, the DIS Main Secretariat will make suggestions for the nomination of a mediator.
4.3 Where the parties have agreed on mediation proceedings with two mediators, the mediator nominated pursuant to section 4 subsection 2 shall nominate the co-mediator upon consent of the parties to the DIS without undue delay.
4.4 If a mediator becomes de jure or de facto unable to perform his functions or for other reasons fails to act, subsections 2 and 3 apply mutatis mutandis to the nomination of a substitute mediator as soon as the default of the initially nominated mediator is established.
4.5 Where the parties fail to nominate a mediator within one month, the mediator shall be nominated by the DIS Appointing Committee upon request of at least one party. The request shall be filed within two weeks after the expiry of the one–month period. After the expiry of the two-weeks time-limit the proceedings are deemed terminated.
4.6 If a party requests the nomination of a mediator by the DIS Appointing Committee, it shall pay the fee for nomination of a mediator in accordance with no. 1.2 of the schedule of costs (appendix to section 11 subsection 5) with the request. The DIS may make the nomination of the mediator contingent on the receipt of payment of the fee.
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