Referral to WIPO mediation is consensual. A WIPO mediation can only take place if both parties have agreed to such procedure by means of a WIPO mediation clause in the relevant contract, or by means of a WIPO mediation submission agreement.
A WIPO mediation is commenced by a party submitting a Request for Mediation in writing to the WIPO Arbitration and Mediation Center.
- The Request for Mediation should contain:
- A request that the dispute be referred to mediation under the WIPO Mediation Rules
- the names and full communication details of the parties and their representatives
- a copy of the mediation agreement
- a brief statement of the nature of the dispute
- any observations relating to the appointment of the Mediator, including the Mediator’s expected qualifications (optional)
(WIPO Mediation Rules, Articles 7-8)
- The Request for Mediation should be sent by expedited postal or courier service or by fax or by e-mail to:
- WIPO Arbitration and Mediation Center
34 chemin des Colombettes
1211 Geneva 20
Tel.: (+41 22) 338 8247
Fax: (+41 22) 740 3700
The Center recommends that , where appropriate, the Request for Mediation is submitted in hardcopy as well as by e-mail. The submission in hardcopy to the Center should be sent in a number of copies sufficient to provide one copy for each envisaged Mediator and one for the Center.
- The other party (WIPO Mediation Rules, Article 3)
- The requesting party should pay the administration fee to the Center as required by Article 21 of the WIPO Mediation Rules and the Center's Schedule of Fees and Costs. The Center recommends that the requesting party make mention of such payment when submitting the Request for Mediation to the Center. The fee paid will be considered when the Center in due course renders an accounting of all fees and deposits. (WIPO Mediation Rules, Article 23(d))
Costs of mediation, including the administration fee and the fees and expenses of the Mediator, shall be borne in equal shares by the parties, unless they have agreed otherwise. (WIPO Mediation Rules, Article 24)
- The requesting party may indicate in the Request for Mediation whether it proposes to use the WIPO Electronic Case Facility (ECAF) in the mediation procedure. ECAF may be used by party agreement.
Upon receipt of the Request for Mediation, the Center shall inform the parties in writing of the receipt by it of such Request and of the date of commencement of the mediation. (WIPO Mediation Rules, Article 5)