Mediation Procedures at ECAS: 

The Egyptian Center for Arbitration and Settlement of Non-Banking Financial Disputes (ECAS) offers mediation as a flexible, cost-effective mechanism for the amicable settlement of disputes. ECAS mediation procedures are structured to encourage collaboration while minimizing delays and expenses.

Below is a step-by-step outline of the mediation process:

1. Initiation of Mediation: 

A. If a Mediation Clause Exists in the Original Contract
If the parties have agreed in writing to refer disputes to mediation prior to a dispute arising, the requesting party must submit a written mediation request to ECAS, along with a copy of the mediation agreement.

B. If No Prior Agreement Exists
If no prior agreement is in place, the party wishing to initiate mediation may submit a written request to ECAS, requesting that the Center invite the opposing party to agree to participate in mediation.

2. Registration of the Mediation Request:

• The request is formally registered once the prescribed registration fee is paid.

• Upon registration, ECAS promptly notifies the other party of the mediation request.

3. Acceptance of Mediation:

• The other party must respond in writing within 15 days of receiving the request.

• Mediation officially commences from the date of written acceptance.

4. Appointment of Mediators:

• The parties may jointly appoint a mediation panel from among ECAS-accredited mediators, specifying a time frame for the appointment.

• If no agreement is reached within that period, ECAS will provide a proposed list of mediators.

• If a final selection is not made within 15 days, the Center will appoint the mediation panel, taking the parties’ views into account.

Each nominated mediator must submit a declaration of impartiality within one week of notification. The Center will then inform the parties of the mediator’s acceptance.

5. Procedural Framework:

• Within 10 days of the procedural meeting, the mediation panel will inform the parties of the framework and manner in which the mediation sessions will be conducted.

6. Recommendations and Settlement:

• If the parties reach an agreement, it may be formalized and signed by all parties. In this case, the recommendation becomes binding.

• If a full or partial settlement is not achieved, the parties may jointly request the mediation panel to issue written or oral non-binding recommendations for resolving the dispute. 

• These recommendations are for guidance only and are not binding unless the parties expressly agree to adopt them.