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1 - Mediation

1.1  - A party interested in proposing mediation proceedings shall apply therefor to the CAE (Eurochamber Mediation and Arbitration Chamber), which shall designate a date and time for a free and non-binding interview called pre-mediation. At such interview, the CAE shall submit the working methodology, shall inform the Mediators’ responsibilities and shall render any other pertinent information.

1.2  - The applicant shall, not later than 2 (two) days, confirm in writing its interest with regard to the mediation. Upon such confirmation, the CAE shall invite the other party for an identical interview.

1.3  - In the event that the other party confirms in writing, not later than 2 (two) days from the interview, its interest in the mediation, the CAE shall submit the list of Mediators to the parties.

1.4  - The parties shall, not later than 5 (five) days, appoint by mutual agreement the Mediator who shall perform the mediation proceedings. If the parties fail to do so, then the Mediator shall be appointed by the President of the CAE.

1.5  - Not later than 3 (three) days from the Mediator’s appointment, a meeting shall be held for preparation of the Mediation Minutes to be executed by the parties and the mediator, containing: (a) The meeting chronogram; (b) The place of the meetings, at the Mediator’s discretion; (c) Payment by the parties of the charges as fixed under the cost schedule mentioned by Article VIII, and (f) determination of the Mediator’s fees.

1.6  - Except as otherwise provided by the parties, the mediation proceedings shall not exceed 30 (thirty) days from the date of execution of the Mediation Minutes.

1.7  - If the parties succeed in accomplishing an amicable settlement, Settlement Minutes shall be executed by the parties, the Mediator and 2 (two) witnesses. One counterpart of the Settlement Minutes shall be forwarded to each of the parties, and one counterpart shall be filed with the CAE.

1.8  - If the parties fail to accomplish an amicable settlement with the term provided by the Mediation Minutes, the Mediator shall record such event.

1.9  - Upon termination of the mediation proceedings, the CAE shall render account to the parties in respect to the amounts paid, shall request that any outstanding balance be paid, if such is the case, or shall return any existing surplus.

1.10 - Upon an unsuccessful outcome of the mediation, no fact or act occurred, or statement made, during the mediation proceedings may be used in any ensuing arbitral or judicial proceedings.