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).

Confidentiality and Protection of Personal Data

  • Any information concerning, or obtained in the course of the mediation, is subject to confidentiality pursuant to Articles 15 to 18 of the WIPO Mediation Rules.
  • “Personal data” means any information relating to an identified or identifiable individual. The WIPO Center collects, processes and stores personal data of persons involved in the mediation only to the extent necessary for the administration of proceedings under the WIPO Mediation Rules. Personal data processed by the WIPO Center are not used for any other purposes.
  • In this connection, the parties shall comply with data protection laws, if and to the extent they are applicable, and ensure that the persons involved in the mediation, including representatives, advisors and experts, accept that their personal data may be collected, processed and stored for the purposes of a mediation under the WIPO Rules. The WIPO Center will encourage the mediator to raise with the parties the protection of personal data in the mediation as appropriate.