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CHAPTER 4 MEDIATION PROCESSING

International Commercial Mediation

Page 33 4 MEDIATION PROCESSING The actual formal mediation process commences once an agreement to mediate has been reached between the parties and their mediator. If the parties have already provided for mediation in their underlying agreement then a format for proceeding should already be in place, i.e. the selection of a mediator by either the parties from a pre-approved list; the selection by an appointing body such as the Chartered Institute of Arbitrators; or in some jurisdictions the selection of a mediator by the court. In any event the disputing parties are then “assigned”a mediator and the process can commence according to either the rules of the appointing body and/or the specific rules and procedures chosen by the mediator.

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