Many litigants take the view that, if the dispute can be settled, they can do it themselves with their counsel. If they fail, nobody else could achieve that.
This approach disregards that each party and its Counsel are inevitably one sided and will rarely identify their week sides and their consequences.
Abandoning so soon attempts to settle the matter, will frequently bring a party to waive its claim or to litigate it before state courts or an arbitral tribunal. This will absorb relevant costs, frequently out of proportion with the dispute, human resources and time.
CEM firmly believes that before resorting the litigation, it is in the interest of the parties to try once more to settle, by asking this institution to appoint a mediator whose task is not to decide the case but to understand the parties, to discuss even repeatedly with each of them separately their strong and week points and their consequences and by treating in strict confidence all what a party does not wish to be known by the other one, and to try as much as possible to approach them, in order that the dispute may be settled.
It has been nicely said that, in order to achieve this, the mediator must induce the parties to change their initial approach to the dispute.
Any dispute relating to or arising from this contract, that is not subject to mandatory provisions on different terms at the place of the mediation proceedings, including mediations between parties belonging to different jurisdictions or parties to domestic disputes, shall be submitted to a procedure of mediation in accordance with the Mediation Rules of the European Centre of Arbitration and Mediation having its seat in Strasbourg – which Rules are in force at the date of filing of the application for mediation – conducted by a sole mediator selected and appointed by its local branch competent by territory – if any – and if not by the Centre itself and proceeding according to them.
If mediation is successful, the agreement signed by the parties which conciliates the dispute will constitute a settlement between the parties settling the existing dispute or for avoiding a future dispute. A party may seek by or through any court enforcement of any reciprocal obligation arising from such settlement.