United Nations Commission on International Trade Law (UNCITRAL) Mediation Rules
Introduction
The United Nations Commission on International Trade Law (UNCITRAL) was established in 1966 by the United Nations General Assembly as a legal body to promote the progressive harmonization and unification of international trade law. The purpose of the Commission is to improve the legal framework for international trade and to improve the efficiency of international trade procedures.
In 1973, UNCITRAL adopted the UNCITRAL Mediation Rules. These rules provide a framework for parties involved in disputes to settle their differences through mediation. The rules also provide guidance as to how to conduct a mediation process in a timely and effective fashion.
The UNCITRAL Mediation Rules set out the procedures and guidelines for parties to a dispute to resolve their differences through an alternative dispute resolution process. The rules provide an outline of the mediators role and responsibilities and they also provide guidance as to how the mediator should proceed.
The rules can be applied to the resolution of both international and domestic disputes. They are flexible and they can be tailored to the specific needs of the parties to the dispute. This makes them an attractive option for parties looking to resolve their differences without the costs and delays associated with traditional litigation.
Requirements
Before engaging in a mediation process, the parties to a dispute must agree to the use of the UNCITRAL Mediation Rules. This agreement can be formalized in the form of a contract or it can be made through an exchange of letters or correspondence.
Once the parties have agreed to the rules, the mediator should identify the issues in dispute and reach an agreement on the procedures to be followed in the mediation process. The parties should also agree on the powers of the mediator and on the positioning of the mediator in the dispute.
The mediation process should be conducted in an impartial and confidential manner. The mediator should be independent from the parties to the dispute and should not be affiliated with any of the parties. The mediator should also not advocate on behalf of any of the parties.
Procedures
The procedures of the mediation process should be determined by the parties to the dispute. Generally, the process involves the parties and their lawyers engaging in a series of discussions with the mediator. The mediator will seek to facilitate a discussion between the parties in order to identify the issues in dispute and to explore the possibilities for compromise and negotiation. The process should also seek to encourage the parties to find common ground on which they can reach an acceptable resolution of the dispute.
The mediator should not impose a solution on the parties, but should merely assist the parties in coming to an agreement on their own terms. The agreement should be in writing and should be signed by all the parties.
Conclusion
The UNCITRAL Mediation Rules provide an effective and efficient framework for parties to resolve their disputes by means of alternative dispute resolution, without the costs and delays associated with traditional litigation. The rules are flexible, and can be tailored to the specific needs of the parties. They provide guidance as to how the mediation process should be conducted and provide structure to the process, while leaving the parties free to find an acceptable resolution to their dispute on their own terms.
