On this page, you can find model mediation rules and links to model mediation clauses and resources.  Please advise IMI of any further resources that might be of value to users—they can be added to the links below.

Model Mediation Clauses

Most leading organisations try to avoid getting into court by negotiating an acceptable outcome prior to the threat of legal action.  Modern risk avoidance and preventive lawyering practices dictate the need for dispute resolution clauses that embrace negotiation and mediation prior to and during any legal action.  Practical guidance and model clauses may be found below.

Guidance on Drafting Clauses

Model Mediation Clauses

Model Mediation Rules

IMI has created a set of model mediation rules which may be adapted to suit the circumstances.  These model rules are not intended to be adopted without revision by the parties.  They are designed to be applicable to any mediation style, and for this reason refers to an ‘Issue’, rather than a ‘Dispute’.  This enables the rules to be more easily adapted to transactional mediations.

Parties are free to deviate from the model, for example, by employing co-mediators (Art 2), altering the scope of confidentiality (Art 7), or allowing for the commencement of legal proceedings during mediation (Art 9).  Parties are encouraged to be clear about the moment at which mediation commences and concludes (Art 3, Art 8), to avoid confusion about confidentiality or mediator activities.  This may also be relevant to local jursidictions’ statutes of limitation.

Note that Article 1.a calls for an institution of individual to serve as ‘Appointing Authority’—IMI does not act as an Appointing Authority.

Download PDF of IMI model mediation rules.

IMI MODEL MEDIATION RULES (2016)

Article 1 – Definitions

In these Rules, the following terms shall have the following meanings:

  1. Appointing Authority means [fill in name of institution or person]
  2. IMI: the Foundation “Stichting International Mediation Institute”, having its registered office in The Hague.
  3. Issue: the issue described in the Mediation Agreement.
  4. Mediation: a procedure in which the Parties make an effort to resolve their Issue under the supervision of a Mediator in accordance with the Rules.
  5. Mediation Agreement: the written agreement in which the Parties agree to endeavour to resolve the Issue through Mediation, and instruct the Mediator to act as Mediator in respect of the Issue and the Mediator accepts this instruction.
  6. Mediator: the person who conducts the Mediation and who is certified as an IMI Certified Mediator.
  7. Party/Parties: the parties who wish to resolve the Issue through Mediation.
  8. Rules: these Rules.

Article 2 – Appointment of the Mediator

2.1. The Parties shall themselves appoint a mediator.

2.2. If the Parties wish to be assisted by the Appointing Authority selecting a Mediator, they must file a written request thereto with the Appointing Authority. This request must contain the names, (e-mail) addresses, telephone and fax numbers of the Parties and their representatives, if any, as well as a general description of the Issue.

2.3. Upon receipt of the request, the Appointing Authority will send to the Parties:

  1. a list with the names of the Mediators who, on the basis of the description of the Issue and/or the relevant criteria stated by the Parties, are considered eligible;
  2. a copy of the Rules and a copy of the Code of Conduct for IMI Certified Mediators;
  3. an invoice for administrative charges.

2.4. The Parties will together select a Mediator from the aforementioned list. The Parties may then contact the Mediator directly. If the Parties do not wish to contact the Mediator directly, they must inform the Appointing Authority in writing which Mediator they have selected. Upon receipt of this letter, the Appointing Authority will inform the Mediator concerned of the request and of his/her having been selected, so that the Mediator may then contact the Parties.

2.5. If the Parties fail to jointly agree on the selection of a Mediator, they (or either one of them) may request the Appointing Authority to make a written proposal for a Mediator who may be appointed by the Parties.

2.6. On acceptance of the appointment, the Mediator shall prepare a draft Mediation Agreement. The Parties and the Mediator will then sign the Mediation Agreement.

2.7. In the event the Parties are unable to agree on the place (seat of) the Mediation and/or the language(s) of the Arbitration, the Mediator shall determine these. The procedural law of the seat of the mediation shall apply to the arbitration.

Article 3 – Commencement of Mediation

The Mediation will commence as soon as the Mediation Agreement has been signed by the Parties and the Mediator, unless a different time is agreed in the Mediation Agreement.

Article 4 – Activities of the Mediator and process supervision

4.1. The activities of the Mediator encompass the Mediation sessions, but may also comprise other activities such as reporting, contacts with the Parties (either electronically, in writing or by telephone), studying papers, contacts with third parties, and drafting up agreements, all this from the commencement of the Mediation onwards.

4.2. The Mediator shall decide, after having consulted the Parties, on the manner in which the Mediation will be conducted.

4.3. The Mediator may communicate with the Parties separately and confidentially.

4.4. The Parties and the Mediator shall do their best to ensure that the Mediation proceeds in an expeditious manner.

Article 5 – Voluntariness

5.1. The Mediation shall take place on the basis of voluntariness of the Parties. Each Party, as well as the Mediator, may put an end to the Mediation at any time.

5.2. Any agreements made in the interim shall bind the Parties only insofar as the Parties confirm in writing the binding nature of these agreements in a signed agreement. They shall not be bound by the positions adopted or proposals made by them or by the Mediator during the Mediation. The Parties shall be bound only by that stat