Mediation Rules

Scope of Application

Article (69)

The mediation rules set forth in this chapter shall apply if the parties agree in writing to refer any disputes arising between them to mediation in accordance with the rules of the center, whether before or after the occurrence of the dispute.

In the event that the rules are silent on a matter, this matter shall be subject to the rules established by the Mediation Authority in this regard.

Conciliation and other Alternative Dispute Resolution Methods

Article (70)

In the application of these rules, mediation, conciliation, and other alternative amicable methods of dispute resolution shall be considered as one process, and these rules shall apply regardless of the term used by the parties.

Commencement of Proceedings in the Case of Agreement to Refer to Mediation Rules

Article (71)

The party requesting the commencement of mediation proceedings shall submit a written request to the center if the parties agree to refer their dispute for resolution in accordance with the mediation rules of the center. The request shall include the following:

- Names, addresses, and contact details of the parties.

- Legal representative of the requesting party in the mediation proceedings, including their address and contact details (if applicable).

- Statement of the contract or other legal instrument from which the dispute arises or is related to, or a brief description of the relevant relationship in the absence of a contract or legal instrument.

- Detailed statement of the facts of the dispute and the requests.

- Any agreement on the time limits related to the conduct of mediation.

- Any agreement on the language(s) in which the mediation will be conducted.

- Any agreement on the location of the mediation meetings.

- Any joint nomination by all parties of the mediation panel or any agreement among all parties regarding the qualifications of the mediation panel to be appointed by the center in the absence of a joint nomination, or any proposal regarding the qualifications of the panel in the absence of such an agreement.

The mediation request shall be accompanied by a copy of the mediation agreement relied upon and evidence of payment of the mediation request filing fee.

Registration of Mediation Request

Article (72)

The center shall register the mediation request after the payment of the registration fee as specified in Article (82) of these regulations. Upon registration, the center shall promptly send the mediation request to the other party, unless it has already been submitted by all parties. If the center does not receive a response from the other party to the dispute to the request within fifteen days from the date of receipt, the center shall notify the party wishing to commence mediation accordingly.

Mediation shall commence when the other party agrees in writing to the mediation request.

Commencement of Proceedings in the Absence of Agreement to Refer to Mediation Rules

Article (73)

If the parties do not agree to refer their dispute for resolution in accordance with the mediation rules of the center, the party requesting the commencement of mediation proceedings shall submit a written request to the center to invite any other party to agree to participate in mediation. The request shall include the information and documents referred to in Article (71), and the applicant shall propose the provisions from (5 to 8) of the mentioned article.

The center shall register the request after the payment of the fee specified in Article (82) of these regulations. After registering the request, the center shall send an invitation to the other party to participate in mediation. If the center does not receive a response from the other party to the dispute to this invitation or if it is rejected within fifteen days from the date of receipt or within any period specified in that invitation, the center shall notify the party wishing to commence mediation accordingly.

Mediation shall be deemed to have commenced when the other party agrees in writing to the invitation sent to participate in mediation.

Place and Language of Mediation

Article (74)

The center may determine the location of mediation meetings in the absence of an agreement between the parties, and it may also invite the Mediation Authority to do so after its appointment.

The center may also determine the language(s) to be used in the mediation proceedings in the absence of an agreement between the parties, and it may also invite the Mediation Authority to do so after its appointment.

Appointment of the Mediation Authority

Article (75)

The parties may jointly appoint the Mediation Authority or specify the procedures for its appointment. Mediation proceedings shall be conducted by a single mediator unless the parties agree to appoint more than one mediator.

If the parties do not agree on the Mediation Authority or fail to appoint it in accordance with the preceding paragraph within the agreed-upon period or in the absence of an agreement on a specific period for that purpose, the center shall propose a list of registered mediators to the parties. If the parties fail to make a selection, the center shall, within fifteen days from that, appoint the Mediation Authority from its registered mediators after consulting the parties.

Impartiality and Independence of the Mediation Authority

Article (76)

A candidate who wishes to act as a mediator in mediation proceedings must submit a signed declaration to the center within one week from the date of notification of the nomination, confirming their impartiality and independence, and disclosing any facts, circumstances, or relationships that may cast doubt on their independence in the view of the parties or that may reasonably raise doubts about their impartiality or imply the existence of a conflict of interest.

The center shall notify the parties of this disclosure as soon as it is submitted. If any party objects within ten days from the date of notification of the disclosure to the appointment of the mediator, the center shall appoint another mediator in accordance with the procedures set forth in the second paragraph of Article (75) of these regulations.

The mediator shall, from the time of their appointment and throughout the mediation proceedings, disclose any newly arising facts, circumstances, or relationships, interpreting any doubts regarding the necessity of disclosing an incident, circumstance, or relationship in favor of the obligation to disclose.

"Mediation Body Replacement

Article (77)

The parties may agree in writing at any time to replace the mediation body, provided that the replaced body undertakes to submit a report to the center on the procedures it has undertaken and the current status of the mediation within one week from the date of notification thereof.

In the event that the mediator resigns or if there is a legal or factual impossibility preventing the performance of his duties, a new mediator shall be appointed in the same manner as the replaced mediator was appointed.

Mediation Procedures

Article (78)

Mediation shall be conducted according to the following procedures:

The mediation body shall hold one or more procedural sessions with the parties to explain the mediation procedures, during which it shall listen to the parties' opinions on how the mediation procedures will be conducted, provided that the body informs the parties within ten days from the date of the session with a memorandum outlining the procedures and agreements reached at that session.

The mediation body shall carry out its work in a manner it deems appropriate, taking into account the circumstances of the dispute, the parties' wishes, and the need to settle the dispute expeditiously, provided that sufficient opportunity is given to all parties to present their claims, participate in the mediation, and obtain legal advice or any other advice before reaching a settlement, and the mediation body shall not have the authority to impose a settlement on the parties.

The parties shall cooperate with the body in good faith to advance the mediation as quickly as possible.

The mediation body may hold joint or separate meetings with the parties and/or their representatives during the mediation, on one day or on consecutive days, in accordance with what is agreed upon between them in this regard.

The mediation body may postpone the mediation to allow the parties to consider specific proposals or obtain further information or for any other reason it deems conducive to the progress of the mediation, provided that the mediation meetings resume with the parties' agreement.

The mediation body may request the parties to submit documents, summaries of the dispute, and memoranda before or during mediation meetings.

If the parties fail to reach a settlement regarding the dispute or any part thereof, the parties may jointly request the mediation body to provide written or oral recommendations regarding the appropriate settlement of the dispute, and the parties shall not be bound to accept those recommendations.

"Termination of Mediation

Article (79)

Mediation shall terminate in any of the following cases:

Withdrawal of one of the parties from mediation.

Notification by the mediation body in writing to the parties that, in its opinion, mediation will not lead to the settlement of the existing dispute between the parties.

Notification by the mediation body in writing to the parties of the completion of mediation.

Execution of a written amicable settlement agreement by the parties.

The mediation body shall notify the center immediately upon the parties' signing of the settlement agreement or upon any notification sent to it or issued by it according to the provisions of (1 to 3) of this article and provide the center with a copy of these notifications.

Drafting Settlement in a Written Document

Article (80)

Any settlement reached during mediation shall not be legally binding until it is included in a written document signed by the parties or their representatives.

Mediation Fees

Article (81)

The term 'mediation fees' shall include the following:

Administrative fees as specified in Article (83) of this regulation.

Reasonable travel expenses and any other expenses incurred by the mediation body.

Expenses necessary for translation work and the preparation of session minutes and other necessary tasks for the conduct of mediation proceedings.

Registration Fee

Article (82)

The party initiating mediation proceedings or the parties, as the case may be, shall pay a registration fee of 5,000 Egyptian pounds upon filing the mediation initiation request, and the center shall not register the request if the payment is not made.

The registration fee is non-refundable.

Administrative Fees

Article (83)

The minimum administrative fee shall be 5,000 Egyptian pounds and the maximum shall be 30,000 Egyptian pounds, and the center shall assess these fees based on the tasks performed and the value of the dispute submitted to the mediation body.

Mediation Body Fees

Article (84)

The fees of the mediation body shall be estimated based on the reasonable time spent on mediation proceedings, on an hourly basis determined for these proceedings by the center in consultation with the mediation body and the parties.

The minimum fee per hour shall be 1,000 Egyptian pounds, and the maximum shall be 3,000 Egyptian pounds, and the hourly rate shall be determined based on the complexity and value of the dispute, as well as considering the experience of the mediation body and any other relevant circumstances.

The center, with the approval of the advisory committee, may deviate from the minimum and maximum limits mentioned above for the mediation body's hourly fee stated in the preceding paragraph, if justified in light of the circumstances of the dispute presented.

In the event of the mediator's death before the conclusion of mediation, the center shall determine his entitlements taking into account the work completed and any other relevant matters, consulting the remaining members of the mediation body if the mediation body consists of more than one mediator.

The center's assessment of the mediation body's fees under this article shall be final and not subject to review.

Deposit of Mediation Fees

Article (85)

The parties shall deposit with the center, at the commencement of mediation, an advance amount determined by the center for both administrative fees and mediation body fees. The center may later demand additional deposits under the account of administrative fees and mediation body fees, providing the parties with an account of the fees upon the conclusion of mediation and returning any surplus to them if any.

Fees shall be paid equally among the parties, unless otherwise agreed upon by the parties.

If the full administrative fees and mediation body fees required are not paid, the center shall notify the parties to have one or more of them make the payment. If payment is not made, the center may request the mediation body to suspend or terminate the mediation proceedings, and in this case, the amounts paid shall not be refunded.

"Chapter Five

Common Provisions between Arbitration and Mediation

Requirement of Registration of Arbitrator or Mediator in the Center's Lists

Article (86)

No person shall act as an arbitrator or mediator in proceedings conducted in accordance with the rules provided in this regulation unless they are registered in the lists prepared for this purpose by the center.

Appeal against Non-Registration or Removal from the Lists of Arbitrators and Mediators

Article (87)

Any person excluded from registration in the list of arbitrators and mediators or the list of experts authorized to conduct mediation at the center, or anyone removed from these lists, may appeal against this decision to the Board of Trustees within fifteen days from the date of notification or actual knowledge of the decision.

Appeal Procedures

Article (88)

The appeal shall be submitted to the Technical Secretariat of the Board of Trustees and must include the following information and documents:

The name, address, and email address (if available) of the appellant.

The date of issuance of the decision being appealed and the date of notification or knowledge of the decision.

The subject of the appeal, the reasons on which it is based, and supporting documents.

Evidence of payment of a fee of three thousand pounds.

The Technical Secretariat shall receive the appeals and register them in the register prepared for that purpose on the day of receipt, providing the appellant with a copy of their appeal bearing the registration number and date.

The Board of Trustees shall issue its decision on the appeal within a period not exceeding thirty days from the date of submission, provided that the supporting documents are complete or the requested documents, information, or clarifications are provided, as may be requested by the Board of Trustees depending on the circumstances. The Technical Secretariat shall notify the appellant, by certified copy of the Board's decision, of the decision on the appeal and the reasons for it, through a document sent by registered mail or by email, within one week at most from the date of issuance of the Board's decision.

The decision of the Board of Trustees on the appeal shall be final and binding, and the appellant shall be refunded the amount paid in case of decision cancellation, within one week at most from the date of cancellation.

"Notifications and Deadlines

Article (89)

Any notification, message, or proposal may be delivered by any means of communication that allows for a record of its delivery, and in the application of the arbitration and mediation rules provided in this regulation, notifications, messages, and proposals are considered delivered, effective, and legally binding in the following cases:

If delivered personally to the addressee.

If delivered to the addressee at their usual residence or place of business.

If sent to the addressee by registered mail.

If sent to the chosen email address.

If a party designates a chosen address, or if the arbitration or mediation panel authorizes notification at this address, the notification shall be delivered to this party at this address and shall be effective and legally binding.

Any deadline prescribed by the rules in this regulation shall commence on the day following the date of receipt of the notification. If the last day of the deadline falls on an official holiday or non-working day at the residence or place of business of the addressee, the deadline shall extend to the first working day following the end of the holiday.

Number of Copies

Article (90)

Parties shall submit all documents, papers, and memoranda for arbitration or mediation, as well as any other papers or data required in arbitration proceedings or mediation, in a sufficient number of copies to allow each party to have a copy in addition to a copy for each arbitrator or mediator and another for the center.

All requests, notifications, and correspondence addressed from one party to the arbitration or mediation panel, as the case may be, shall be deposited with the center for notification to the panel and the other party or parties. Similarly, all correspondence from the arbitration or mediation panel to one party shall be deposited with the center for notification to the other party or parties, unless otherwise decided by the arbitration or mediation panel after consulting with the parties.

Electronic Filing

Article (91)

Parties may file notices of arbitration, statements of claim, responses thereto, any requests for interviews, or any requests for mediation with the center electronically, by submitting them along with supporting documents through the center's website. In such cases, arbitration or mediation proceedings shall commence on the day of receipt of the notice of arbitration or the other party's written consent to mediation or invitation to mediation, as the case may be.

Deadlines specified for taking action in the regular manner according to the provisions of this regulation shall apply to electronic filing.

If parties wish to proceed with electronic filing, they shall designate a chosen electronic address for such purpose.

Commencement of Arbitration or Mediation Proceedings

Article (92)

The arbitration or mediation panel, as the case may be, shall commence its task immediately upon notification of its formation, with notification to the parties to the dispute.

Suspension of Proceedings

Article (93)

If, from the face of the papers, it appears to the center, prior to the registration of an arbitration or mediation request, that it lacks jurisdiction over the dispute, it shall refer the matter to the Advisory Committee to issue a decision on the center's jurisdiction over the dispute.

Confidentiality

Article (94)

Unless expressly and in writing agreed otherwise by the parties, all persons participating in arbitration or mediation proceedings shall maintain the confidentiality of all documents, information, and data submitted in the arbitration or mediation proceedings, as the case may be, without prejudice to cases requiring the disclosure of specific information as required by the applicable legislation in this regard.

The center undertakes not to publish any arbitration award or part thereof that reveals the identity of any of the parties without the prior written consent of all parties.

Prohibition of Disclosing any Information Regarding Arbitration or Mediation Proceedings.

Article (95)

Parties, their representatives, any employee of the center, members of the arbitration or mediation panel, or any witnesses in arbitration or mediation proceedings are prohibited from acting as witnesses or experts in any claim or other proceedings, providing any information, or making any statements regarding arbitration or mediation proceedings in which they were parties, without prejudice to cases requiring the disclosure of specific information as required by the applicable legislation in this regard.

Disclaimer of Liability

Article (96)

Arbitrators, mediators, the center, its employees, the Advisory Committee, or any person appointed or employed by the arbitration or mediation panel shall not be liable to any person for any act or omission relating to arbitration or mediation, except in cases of willful misconduct.

Recovery and Disposal of Documents

Article (97)

Each party that has deposited original documents with the center shall submit a written request for their retrieval within six months from the date of the conclusion of arbitration or mediation proceedings, as the case may be. The center shall not be responsible for any of these documents after the expiration of this period.