Where parties to a contract have agreed in writing to seek an amicable settlement of disputes arising out of or relating to their contract by mediation in accordance with the Rules of Mediation of the Cairo Regional Centre for International Commercial Arbitration, then such mediation shall take place in accordance with the present rules.
Unless the parties have agreed otherwise, the rules applicable to the mediation shall be those in force at the time of commencement of the mediation. The submission of the parties to mediation according to the Cairo Centre's Rules includes their acceptance of the rights and obligations contained in these rules.
The party initiating mediation shall provide the Centre with a request for mediation briefly identifying the subject of the dispute along with a copy of the agreement entered into by the parties for mediation and a registration fee of three hundred U.S. Dollars.
Where there is no submission to mediation or contract providing for mediation, a party may request the Centre to invite the other party to join in a submission to mediation.
The initiating party shall simultaneously file five copies of the request with the Centre.
The Centre shall send a copy of the mediation request as soon as possible to the other party or parties.
Mediation proceedings shall commence when the other party accepts in writing the invitation to mediate.
If the other party rejects the mediation request or if the Centre does not receive a reply within 15 days from the date on which the other party receives the said request or within such other period of time as specified therein, the Centre shall inform the party initiating the mediation of such a result.
The director of the Centre shall appoint one mediator or more if the parties fail to reach an agreement on the name or names of mediator(s).
Pursuant to these rules, where the Centre is to recommend or appoint mediators, the names of the recommended or appointed mediators shall be drawn from the panel maintained by the Centre for that purpose.
The appointed mediator should satisfy the Rules of the Code of Ethics of Arbitrators issued by the Centre.
Consequently, no person shall serve as a mediator in any dispute in which he has any financial or personal interests in the result of the mediation, except by the written consent of all parties.
Prior to accepting an appointment, the prospective mediator shall disclose any circumstances likely to create a presumption of bias. Upon receipt of such information, the Centre shall either replace the mediator or immediately communicate the information to the parties for comment. In the event that the parties disagree as to whether the mediator shall serve, another mediator is to be appointed.
If any mediator proves unwilling or unable to serve, another mediator is to be appointed according to the same rules applied in appointing the withdrawing mediator.
A party may be represented by persons of its own choice. The names and addresses of such persons shall be communicated in writing to all parties and to the Centre.
The mediator shall fix the date, time and location of each mediation session. The mediation shall be held at the Centre or at any other convenient location agreeable to the mediator and to the parties.
With the consent of the parties, the director of the Centre shall provide or arrange for administrative assistance or facilities in order to facilitate the conduct of the mediation proceedings.
At least fifteen days before the first session, each party shall furnish to the director of the Centre copies of all written statements to be submitted to the mediators and to the other parties. The Centre shall send copies of all written submission to the other parties and to the mediators.
At the first session, the parties will be expected to produce all information reasonably required for the mediator to understand the issues presented. The mediator may require any party to supplement such information.
Unlike arbitrators or conciliators, a mediator can hold private sessions with each party separately to narrow the gaps between the views of the parties.
The expenses of witnesses and experts for either side shall be paid by the party requesting the presence of such witnesses or experts. All other expenses relating to the mediator's travel, the representation of the Centre, the expenses of any witness and the costs of any proof or expert advice produced at the direct request of the mediator, shall be borne equally by the parties unless the mediator or the parties agree otherwise.
Mediation sessions are private. The parties and their representatives may attend mediation sessions. Other persons may attend only with the permission of the parties and with the consent of the mediator.
Confidential information disclosed to the mediator by parties or witnesses in the course of mediation shall not be divulged by the mediator. All records, reports, or other documents received by the mediator while serving in that capacity shall be confidential.
The parties shall maintain the confidentiality of the mediation and shall not rely on, or introduce as evidence in any arbitral, judicial or other proceeding any of the following:
a. Views expressed or suggestions made by another party with respect to a possible settlement of the dispute;
b. Admissions made by another party in the course of the mediation proceedings;
c. Proposals made or views expressed by the mediator; or
d. The fact that another party had not indicated willingness to accept a proposal for settlement made by the mediator.
Neither the Centre nor any mediator is a necessary party in judicial proceedings relating to the mediation. Neither the Centre nor any mediator shall be liable to any party for any act or omission in connection with any mediation conducted under these rules.
The mediator shall interpret and apply these rules insofar as they relate to the mediator's duties and responsibilities. All other rules shall be interpreted and applied by the Centre.
Unless agreed otherwise, the mediators at the termination of the mediation proceedings, shall furnish to the director of the Centre the settlement agreement signed by the parties or a report of the reasons for the termination of the mediation proceedings without reaching a settlement.
With reference to the costs of mediation, the following provisions shall apply:
a. The director of the Centre shall prepare an estimate of the costs of mediation and may request each party to deposit equal advance payments.
b. During the course of the mediation proceedings, the director of the Centre may request supplementary deposits from the parties.
c. If the required deposits are not paid in full within thirty days after the receipt of the request, the director of the Centre shall inform the parties in order that one or another of them may make the required payment. If such payment is not made, the mediators, after consultation with the director of the Centre, may order the suspension or termination of the mediation proceedings.
d. The director of the Centre may redirect supplementary funds towards the coverage of the costs of mediation.
e. Upon termination of the mediation, the director of the Centre shall render an accounting to the parties of the deposits received and return any unexpended balance to the parties.
a. For the purpose of these rules, the term "costs" shall also include the expenses reasonably incurred by the Centre in connection with the mediation as well as its administrative charges.
b. The facilities provided by the Centre may be charged for on the basis of comparable costs.
c. The administrative charges of the Centre shall be estimated by the director of the Centre at one quarter of the amount estimated as administrative charges for arbitration with a minimum of five hundred U.S.Dollars.
d. The mediator's fees shall be fixed by agreement between the Centre, the mediator and the parties and shall not exceed the amount calculated according to the Centre's Rules for determining the arbitrator's fees.
e. In some cases due to the complexity of the dispute or the length of hearings, the director of the Centre may undertake consultation with the mediator and the parties to adjust the basis of the assessment of fees and expenses.