The Swiss Chambers' Arbitration Institution revised Swiss Rules of Mediation, the revised Rules of Mediation entering in force on 1 July 2019.
The revision of the Swiss Rules of Mediation aims to facilitate and further encourage the use of the Rules by clarifying certain points and amending the wording of the Rules, to make them more concise.
The Rules entered into force just before the signing of the United Nations Convention on International Settlement Agreements Resulting From Mediation, also known as the Singapore Convention on Mediation.
The Rules contain several provisions that will allow the parties to any mediation conducted under the revised Rules to benefit from the advantages of the Convention on Mediation, including the enforceability of settlement agreements resulting from mediation.
The revised Rules also facilitate the combination of mediation with arbitration or litigation.
Compared to the Swiss Mediation Rules from 2007, the revised Swiss Rules or Mediation have five main features :
1. A simplified procedure for the designation of a mediator in certain types of cases (art. 5); 2. Provision of a certificate of mediation confirming that the mediation took place and stating whether it resulted in a settlement (upon request of the parties or the mediator (art. 16 (5)); 3. Certification and authentication of settlement agreements (arts. 17 (2) and 17 (3)); 4. Creation of an Advisory Council for Mediation which provides guidance and assistance on mediation cases (Introduction and art.24 (4)); and 5. Improved links between mediation and arbitration or litigation (arts. 18 and 19 and art. 1.8 (Appendix B); as well as arts. 16 (5) and 17 (2) and (3) with the provision of certifications and authentications).
Comments