How do I refer a case to mediation?
You have two ways of doing so, both are online.
The first one is through the online form located in the middle of our home page signed MEDIATION
The second one is through the profile of the mediator you have selected in the CROSS BORDER NETWORK page. (RECOMMENDED)
Both ways will lead to the same online form. However, if you refer a case through the profile of a mediator, the form will also indicate the network mediator you have selected.
Which are the steps of the mediation process?
There are four simple steps. Let's take the example of a commercial dispute between a USA & a Greek company. The USA side decides to file a mediation request in the ADR point cross border network.
STEP 1: The US company clicks on the cross border network (where countries are listed alphabetically) and then clicks on USA. The company can read useful information in its own language. It can also see the listed USA network mediators, their profiles, credentials & expertise, read their CV and if needed send them messages. The US company selects the mediator and then submits the mediation request through that mediator’s profile.
STEP 2: A Network administrator receives the request which is filed under the name of the mediator selected by the US company. The administrator forwards the request for mediation to the Greek company and after confirming the Greek company’s consent to participate in mediation, asks the Greek company to choose a mediator or the network appoints a Greek mediator (if available). The administrator also informs both companies about the mediation fees.
STEP 3: The selected or appointed mediators contact each other & communicate with both companies & their lawyers (if needed) in order to receive information about the dispute & arrange the mediation date & the type of process (online or in person). They then communicate all the details to the administrator who will send the (online) invitations and prepare the Agreement to Mediate.
STEP 4: The US & the Greek companies, their lawyers & the mediator(s) sign the Agreement to Mediate by physical or e-signature. The Agreement to mediate could be drafted in English, in Greek or in both languages.
STEP 5: If the case is settled the US & the Greek companies, their lawyers & the network mediator(s) prepare and sign a Settlement Agreement. If no settlement is reached the network mediator(s) prepare a Statement of no Settlement. Both documents are drafted in English, in Greek or in both languages and are signed by physical or e-signature. Monitor of the implementation of a Settlement Agreement by network mediator(s) could be requested by either or both companies as part of a separate service.
If you have any queries about the submission of a mediation request to the cross border network or the steps of the mediation process, please send us a REQUEST FOR INFORMATION which is located at the middle of our home page.