WIPO Mediation Case Filing Guidelines

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).

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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, shares 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 the WIPO Data Privacy Notice and international best practices, including United Nations Personal Data Protection and Privacy principles.

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.

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Note on the Use of Artificial Intelligence (AI) in WIPO ADR Proceedings

1. General Principles

Participants in WIPO ADR Proceedings, including mediators, arbitrators, experts, parties, and their authorized representatives should ensure that AI use:

• Complies with any agreement of the parties relating to the proceedings;
• Is consistent with the applicable WIPO Rules, in particular, the obligations concerning confidentiality;
• Preserves the integrity, impartiality, and independence of the proceedings;
• Complies with the WIPO Center’s Guidelines on the Protection of Personal Data;
• Ensures that human judgment and decision-making remain central to the resolution of the dispute and that AI tools are not used as a substitute for independent exercise of one’s professional obligations; and
• Takes into account any legal duty, legislation, rules, codes of professional conduct which a participant may be subject to in connection with the use of AI or its outputs.

2. Accuracy of AI-Generated Output

Participants in WIPO ADR proceedings may use AI tools in a supportive function without delegating nor derogating from their respective responsibilities for their roles in the proceedings. They should exercise appropriate due diligence and discernment concerning the AI tools that they use, including as to the retention of information for training of AI models and compliance with applicable law, and assume full responsibility for any reliance placed on the output of such AI tools used.

Participants should note that AI tools may sometimes produce inaccurate, incomplete, or outdated information. They should also note that AI tools reflect the data on which they were trained, which may include embedded biases, lack transparency, or produce non-reproducible outputs.

Accordingly, when using AI tools, participants in WIPO ADR proceedings should ensure that outputs are critically reviewed and assessed in light of these limitations.

3. Accountability; Non-Delegation of Personal Responsibility

Case-related communications, procedural decisions, substantive determinations, submissions and any material produced in the name of participants in WIPO ADR proceedings remain their personal responsibility.

Participants may use AI tools in a supportive function.

Use of AI tools does not diminish any participant’s full responsibility for the accuracy, integrity, lawfulness and final content of any material issued or used, in connection with the proceedings.

4. Confidentiality

Pursuant to the WIPO Rules, information about, related to, and submitted in WIPO ADR proceedings is confidential unless otherwise agreed by the parties or required under applicable law.

AI tools should be treated as potentially disclosing any input to third parties unless clear and verifiable safeguards and measures against the retention of information and the sharing of training data are in place.

Accordingly, unless such safeguards and measures are established, confidential, sensitive, or non-public information relating to WIPO ADR proceedings, such as pleadings, evidence, draft decisions, deliberations, financial information, personal data, or case-related communications, should not be entered or uploaded into AI tools without ensuring adequate contractual, technical and/or organizational safeguards.

Parties should err on the side of caution and not upload any such information if the position concerning the AI tool’s confidentiality safeguards is unclear or unascertained.

5. Transparency in use of AI Tools

Mediators, arbitrators, and experts are encouraged to disclose and consult with participants in WIPO ADR proceedings on the use of AI tools, as appropriate.

Mediators, arbitrators, and experts may request the parties and their counsel to disclose their use or intent to use AI tools at any time of the proceedings and provide guidelines on the use of AI tools by the participants during the entire proceedings.

6. Contact

Questions regarding the responsible use of AI in WIPO ADR proceedings may be addressed to the WIPO Arbitration and Mediation Center at arbiter.mail@wipo.int.