ECAS mediation procedures are designed with flexibility and lower costs to facilitate the amicable settlement of disputes between the parties.
Mediation Procedures:
In the event that there is an agreement to refer to mediation in the original contract and before the dispute arises: the party requesting the initiation of mediation procedures shall submit a written request to the Center and attach to the mediation request a copy of the mediation agreement on which it is relied.
In the event that there is no agreement on referral to mediation before the dispute: The party requesting the initiation of mediation procedures shall submit a written request to the Center to invite the other party to agree to participate in the mediation.
- The Center registers the mediation request after the payment completion of the prescribed registration fee. The Center shall, as soon as it registers the mediation request, send it to the other party.
- The other party must agree to the mediation request in writing within 15 days from the date of its receipt of the request, and the mediation is considered to have begun from the date of this written approval.
- The parties may appoint a mediation panel together from mediators who meet the Center’s experience requirements and specify the period during which the appointment will be made. If a selection is not made within that period, the Center proposes a list of mediators registered with it. If the parties do not make the selection within 15 days; The Center shall appoint the panel of mediators after taking the opinion of the parties.
- The parties may appoint a mediation panel together from mediators who meet the Center’s experience requirements and specify the period during which the appointment will be made. If a selection is not made within that period, the Center proposes a list of mediators registered with it. If the parties do not make the selection within 15 days; The Center shall appoint the panel of mediators after taking the opinion of the parties.
- The parties may appoint a mediation panel together from mediators who meet the Center’s experience requirements and specify the period during which the appointment will be made. If a selection is not made within that period, the Center proposes a list of mediators registered with it. If the parties do not make the selection within 15 days; The Center shall appoint the panel of mediators after taking the opinion of the parties.
- The candidate is a mediator, and he/she submits a declaration confirming his/her impartiality within a week of being notified of the nomination, and the Center notifies the parties thereof.
-The mediation panel shall notify the parties of the manner in which the mediation procedures will be conducted within 10 days of the procedural session in which the mediation procedures were discussed.
- The recommendation is issued according to the dates agreed upon by the parties, with the parties not being restricted by the issued recommendation unless it is agreed upon and signed by all parties, in which case the recommendation becomes binding on them.
- In the event that the parties do not reach a settlement regarding the dispute or part of it, the parties may collectively request the mediation panel to provide written or oral recommendations regarding the appropriate settlement of the dispute, and the parties are not bound to accept those recommendations.