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The mediator is free to contribute individually with the parties, as he believes that the chances of obtaining a mediation system should be improved. Any confidential information provided to the Ombudsman by one party during such a caucus may only be disclosed to the other party with the express permission of the former party. (f) Notwithstanding the above, this agreement may be used for mediation and any written agreement reached and signed by the parties as a result of mediation may be used in any relevant proceeding, unless the parties reach a written agreement on it. x) In the case of disputes arising from or related to this contract, the parties first refer the dispute to a procedure under the ICC conciliation settlement. The initiation of proceedings under ICC rules does not prevent any party from initiating arbitration proceedings in accordance with the trap below. An enterprise contract, lease or other written contract may include a mediation clause. By applying such a clause, the contracting parties undertake to settle future disputes. As with any clause, all parties must give their consent and the following mediation clause should not be used „as we shall see“ to use the services of United States Arbitration – Mediation. The clauses can be used for mediation, either alone or in parallel, with or before an arbitration procedure or other proceedings.

Two of the proposed clauses associate mediation with arbitration, one at the same time, the other one after the other; another creates an obligation to consider referring disputes to ICC settlement rules; while the least restrictive covenant simply reminds the parties of the possibility of applying the ICC`s mediation rules. The clauses are accompanied by a general introductory note containing guidelines for their use, and each clause is followed by observations on their specific effects and importance and explains how to adapt them to certain needs and circumstances. Multi-level clauses must take into account the provisions of emergency arbitrators in the 2012 Arbitration Regulations. Parties are encouraged to decide whether to use the emergency arbitrator when mediating the ICC in parallel with the arbitration process before the ICC`s International Court of Arbitration or prior to arbitration. b) The parties to this agreement agree that all communications and documents produced in this mediation, which are otherwise untraceable, will be shared on a non-harm basis and will not be used in discovery, cross-examination, in the courts or by any other means, in this proceeding or in other means: this clause provides for the obligation to refer litigation to proceedings under the ICC mediation settlement. The objective is to ensure that the parties try to resolve the dispute in the event of a dispute through a procedure in accordance with the settlement. The parties agree to act with each party of a dispute that consists of an impartial person, the Ombudsman, in an attempt to find a voluntary solution. Mediation does not involve formal judicial procedures or rules of evidence, and the Ombudsman does not have the power to make a binding decision or impose an agreement on the parties. The clause also specifies that the parties must not close the procedure under the ICC conciliation regulation or wait for an agreed period of time before initiating arbitration proceedings. It is also the standard position in Article 10, paragraph 2 of the Regulation.

The parties agree to jointly choose a mediator. If the parties fail to agree on the choice of mediator within days of the date of notification, a mediator (name of the organization/centre/professional association) will be selected at the request of the parties.