FAI Med FAI Mediation Rules 2024
FAI Med
FAI Mediation Rules 2024
The purpose of this Preamble is to give a brief overview of the characteristics of mediation under the Mediation Rules of the Finland Chamber of Commerce (“Mediation Rules”) that the Arbitration Institute of the Finland Chamber of Commerce (“FAI”) administers (“FAI Mediation”). More information about mediation and practical guidance on the application of the Mediation Rules is contained in the FAI Mediation Guidelines, which are available on the FAI website.
* * *
Mediation is a voluntary and confidential process in which a neutral third party (a mediator1) assists the parties (two or several) in settling their disputes amicably. Mediation also helps to maintain business and personal relationships.
These Mediation Rules have been prepared to provide a flexible, straightforward and user-friendly framework for facilitative mediation. In facilitative mediation, the mediator assists the parties in finding an amicable solution and a negotiated agreement that is acceptable to all parties. The Mediator does not make decisions or rulings as to the merits of the case.
The mediation process is regulated only lightly in the Mediation Rules in order to provide the parties and the mediator with the flexibility to tailor the process to the needs of each particular situation.
As a starting point, a successful mediation requires the participation of party representatives that have the authority to negotiate and agree on a settlement. However, the flexibility of mediation allows the parties and the mediator to, e.g., agree on a process in which the settlement agreement is subject to separate approvals by the decision-making bodies of each party.
The party representatives may, but are not required to, be assisted by counsel. Any other persons, including experts, may be retained to attend the mediation sessions if needed, however always subject to the consent of all parties and the mediator.
The outcome of a mediation, when successful, is a settlement agreement, which is binding on the parties as an agreement. However, in accordance with Article 12 of the Mediation Rules, the parties may, subject to the mediator’s consent, agree to appoint the mediator as an arbitrator and request the arbitrator to confirm the settlement agreement in an arbitral award for enforcement purposes. Alternatively, at the request of a party the settlement agreement may also be declared enforceable by a competent court.
Unless so agreed by the parties, an agreement on FAI Mediation does not constitute a bar to any judicial, arbitral or similar proceedings. However, as a practical matter, initiating such parallel proceedings at the outset may impair the parties’ chances to benefit from mediation.
1 Although mediations are usually carried out by one mediator, the parties may also agree on the appointment of several mediators.
Source: FAI
Imported: