WIPO Mediation Case Filing Guidelines

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.

In the absence of a mediation agreement between the parties, a party that wishes to propose submitting a dispute to mediation may submit a unilateral Request for WIPO Mediation in writing to the WIPO Arbitration and Mediation Center and to the other party, in accordance with Article 4 of the WIPO Mediation Rules. The WIPO Center may assist the parties in considering the Request for Mediation.

How to submit a Request for WIPO Mediation?

A WIPO mediation is commenced by a party submitting a Request for Mediation in writing to the WIPO Center.

  1. A request that the dispute be referred to mediation under the WIPO Mediation Rules
  2. the names and full communication details of the parties and their representatives
  3. a copy of the mediation agreement
  4. a brief statement of the nature of the dispute
  5. any observations relating to the appointment of the Mediator, including the mediator’s expected qualifications (optional)

    (WIPO Mediation Rules, Articles 7-8)

    The requesting party should pay the administration fee to the WIPO Center as required by Article 22 of the WIPO Mediation Rules and the WIPO Center's Schedule of Fees and Costs. The WIPO Center recommends that the requesting party make mention of such payment when submitting the Request for Mediation to the WIPO Center. The fee paid will be considered when the WIPO Center in due course renders an accounting of all fees and deposits. (Article 24(d) of the WIPO Mediation Rules)

    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. (Article 25 of the WIPO Mediation Rules)
  1. A request that the dispute be referred to mediation under the WIPO Mediation Rules
  2. the names and full communication details of the parties and their representatives
  3. a brief statement of the nature of the dispute
  4. any observations relating to the appointment of the Mediator, including the Mediator’s expected qualifications (optional)

    (WIPO Mediation Rules, Articles 7-8)

The requesting party shall complete sections 1 and 2(a) of the Request for Mediation. The WIPO Center will then invite the other party to complete section 2(b).

The filing of a Request for Mediation in accordance with Article 4 of the WIPO Mediation Rules is not subject to administration fees. If the parties agree to continue with the Mediation process, the administration fee required by Article 22 of the WIPO Mediation Rules and the WIPO Center's Schedule of Fees and Costs will be applicable.

  • The Request for Mediation should be sent by e-mail or by expedited postal or courier service to:

WIPO Arbitration and Mediation Center (Geneva)
34, chemin des Colombettes
1211 Geneva 20
Switzerland
T +4122 338 8247
F +4122 740 3700
E arbiter.mail@wipo.int

WIPO Arbitration and Mediation Center (Singapore)
Maxwell Chambers Suites
28 Maxwell Road #02-14
Singapore 069120
T +65 6225 2129
F +65 6225 3568
E arbiter.mail@wipo.int

The WIPO Center recommends that, where appropriate, the Request for Mediation is submitted by e-mail.

The Request for Mediation should also be sent to the other party (WIPO Mediation Rules, Articles 3 or 4).

Alternatively, the Request for Mediation may be submitted online using the WIPO IP Portal forms. Upon submission, a copy of the Request for Mediation will be sent to the other party.

Upon receipt of the Request for Mediation, the WIPO 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 6).

Protection of Personal Data

The WIPO Arbitration and Mediation Center (“WIPO Center”) provides mediation, arbitration and expert determination services under the WIPO Mediation, Arbitration, Expedited Arbitration and Expert Determination Rules (“WIPO Rules”), and related alternative dispute resolution (ADR) services, on a not-for-profit basis.

The WIPO Center collects, processes and stores personal data of mediators, arbitrators, experts, parties, their authorized representatives, fact and expert witnesses and other individuals that may be identified or identifiable in any information submitted to the WIPO Center in the context of WIPO ADR proceedings (“participants in WIPO ADR proceedings”) for the sole purpose of administering proceedings under the WIPO Rules, both during their pendency and after their conclusion, consistent with its mandate. Personal data processed by the WIPO Center will not be used for any purpose outside the WIPO Center’s mandate, without your consent.

What personal data does the WIPO Center collect?

The conduct of WIPO ADR proceedings requires that personal data is processed that relates to participants in WIPO ADR proceedings.

The WIPO Center may obtain the following personal data about participants in WIPO ADR proceedings:

  • names and contact details,
  • financial information (including banking details),
  • other personal data submitted to the WIPO Center in connection with WIPO ADR proceedings by participants in WIPO ADR proceedings, or available from publicly available resources.

How does the WIPO Center use your personal data?

The WIPO Center is committed to ensuring the highest level of protection of personal data. Personal data processed by the WIPO Center is handled in accordance with international best practices including the Personal Data Protection and Privacy Principles adopted by the United Nations High-Level Committee on Management at its 36th meeting in October 2018.

The processing of personal data collected by the WIPO Center is limited to what is necessary in relation to the conduct of WIPO ADR proceedings under the WIPO Rules, taking into account relevant rights and interests. Personal data is processed in accordance with confidentiality requirements in the WIPO Rules.

Appropriate physical and technical measures are implemented by the WIPO Center for both electronic and paper data to protect the security of personal data, including against or from unauthorized or accidental access, damage, or loss. WIPO ensures that its IT service providers afford appropriate protection for personal data transferred to them.

What rights do you have over your personal data?

The WIPO Center ensures a policy of transparency regarding the processing of personal data, as appropriate. Participants in WIPO ADR proceedings may have access to personal data processed by the WIPO Center and may be granted the opportunity to rectify it, object to its processing, or request its deletion, insofar as the purpose for which personal data is processed is not frustrated.

Any request in relation to the processing of personal data by the WIPO Center may be submitted by email to arbiter.mail@wipo.int, specifying the reasons of said request.