PART III

Mediation



Article 16
Mediation Agreement
16.1
Whenever the parties agree on submitting to Mediation, the Secretariat of the Court shall assist them, in order to have an agreement made on the subject, possibly in writing, specifying how mediation will be conducted (in particular as far as length and costs are concerned), and how Mediator/s and assistant/s are identified. Failing any such agreement, the Secretariat of the Court may rule on that after having heard the parties.

16.2
The Secretariat of the Court shall forward the file to the Mediator after having received the latter's written acceptance of the appointment.

Article 17
Mediation Procedure
17.1
The Mediator, once he or she has received the file, shall fulfil his or her duty in the best manner possible so as to encourage settlement of the dispute.

17.2
The methods and the venue for the mediation shall be determined by the Mediator, once he or she has heard the parties involved. The venue is conventionally set at the premises of the Secretariat.

17.3
The Mediator conducts the Mediation free of formalities in the procedure, and hears the parties both separately and jointly. The parties are granted all the necessary time to perform the Mediation, also through subsequent meetings, if necessary.

17.4
Only in particular cases the Secretariat of the Court can appoint a technical counsel further to the indications of the Mediator, upon request by both parties and on condition they commit to pay for the expenses in an equal proportion.

Article 18
Termination of the Mediation
18.1
The Mediator shall decide on termination of the Mediation whenever: a) the parties involved reach a definitive agreement ending the dispute; b) it becomes evident that no settlement agreement can be reached within a reasonable period of time after the initiation of the Mediation.

18.2
A report on the outcome of the Mediation is drawn up and undersigned by the Mediator and the parties. Such report is not the agreement referred about under art.

18.3
A report on the outcome of the Mediation is drawn up and undersigned by the Mediator and the parties. Such report is not the agreement referred about under art.

Article 19
Termination as a Result of Settlement
19.1
Mediator shall, upon request by the parties, assist them in put any arranged settlement of the dispute into writing. Such agreement may also address matters different from those making up the core of said dispute.

Article 20
Termination as a Result of Failure to Settle
20.1
Once the Court has received the notification mentioned under art. 18.3:

i) the Secretariat shall declare the Procedure ended, if the parties involved have agreed to participate in the Mediation only;

ii) otherwise, the Court shall declare the Arbitration commenced and notify the parties.


Article 21
Confidential Nature of the Mediation. Preclusions.
21.1
The Mediation procedure is confidential, thus nothing of what is said during the meetings can be recorded or written. The behaviour of the parties involved as well as anything occurred during the Mediation shall in no way whatsoever be utilised by said parties in any later litigation, including the Arbitration, unless this is requested in order to implement what has been decided upon in the settlement agreement. However, the parties shall maintain the right to avail themselves of any evidence at their disposal.

21.2
Unless otherwise expressly agreed upon by all the parties involved, anyone who has acted as a Mediator may not act as defence counsel for any party, Arbitrator or witness during the continuance of the Procedure or in any other judicial or arbitration proceeding relative to the dispute in question or to any other relating dispute.

Article 22
Responsibilities of the Mediators
22.1
The Mediator shall bear no responsibility, except in case of fraud or malice, toward the parties involved or any third parties for actions performed or omitted by said Mediator during the Mediation.