World Intellectual Property Organization

Principal Steps in a Mediation

Mediation is an informal and flexible process which is in the hands of the parties and the mediator. Article 9 of the WIPO Mediation Rules provides:

"The mediation shall be conducted in the manner agreed by the parties. If, and to the extent that, the parties have not made such agreement, the mediator shall, in accordance with these Rules, determine the manner in which the mediation shall be conducted."

The principal steps of a mediation are:


Commencement
Request for Mediation

Appointment of the Mediator

 

Initial Contacts between the Mediator and the Parties: 
 Set up the first meeting
 Agree on preliminary exchange of documents, if any

 

First and Subsequent Meetings: 

  • Agree on ground rules of the process
  • Gather information and identify issues
  • Explore the interests of the parties
  • Develop options for settlement
  • Evaluate options

 


Conclusion

The WIPO Guide to Mediation, which may be ordered or downloaded, explains more fully the typical stages of the mediation process. These are also addressed in the Frequently Asked Questions.  Also, the Center, together with the mediator in the case, has prepared a step-by-step description of an actual WIPO mediation.

Explore WIPO