Mediation Rules of the International Center for Arbitration and Mediation (ICAM) of the National Chamber of Commerce, Services and Tourism for Tijuana, Baja California

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APPLICATION OF RULES

Article 1

1. These Rules shall apply to the mediation of disputes arising from a contractual or other legal relationship, or related to it, when the parties seeking to reach an amicable settlement of their controversy have agreed to apply the Mediation Rules of the International Center for Arbitration and Mediation (ICAM) of the National Chamber of Commerce, Services and Tourism of Tijuana, Baja California

2. The parties may agree, at any time, the exclusion or modification of any of these rules.

3. When any of these Rules is in conflict with a provision of law that the parties cannot derogate, that provision shall prevail.

INITIATION OF THE MEDIATION PROCEDURE

Article 2

1. The party that takes the initiative of mediation will send in writing to the other party an invitation to mediation in accordance with these Rules, briefly identifying the subject of controversy.

2. The mediation procedure will begin when the other party accepts the invitation to mediation. If the acceptance is made orally, it is advisable to confirm in writing.

3. If the other party refuses mediation, no mediation procedure shall be carried out.

4. If the party initiating mediation does not receive a response within 30 days after the invitation was sent, or within a specified period of time it will have the option of considering this as a rejection of the invitation to mediation. If he so elects to consider it as such, it shall notify that decision to the other party.

NUMBER OF MEDIATORS

Article 3

There will be a sole mediator, unless the parties agree two or three mediators. When more than one mediator is elected they must as a rule, act jointly.

APPOINTMENT OF MEDIATORS

Article 4

1. The parties may jointly appoint a mediator for confirmation by ICAM.

2. In the absence of a joint appointment of a mediator by the parties, ICAM, in consultation with the parties, shall appoint a mediator or will propose to the parties a list of mediators. All parties may jointly appoint a mediator from the list for confirmation by the ICAM and, if not, the ICAM appoint a mediator.

3. Prior to the appointment or confirmation, the individual proposed as mediator shall sign a statement of acceptance, availability, impartiality and independence. The person nominated as Mediator must disclose in writing to ICAM any facts or susceptible circumstances, from the point of view of the parties, to question his independence as well as any circumstances that could give rise to reasonable doubts about its impartiality. ICAM will notify such information in writing to the parties and will set a deadline for them to make their comments.

4. When confirming or appointing a mediator, the CIAM will take into account the specifics of the person proposed as mediator, including, but not exclusively, its nationality, language skills, training, qualifications and experience, as well as its availability and capacity to conduct mediation in accordance with these Rules.

FILING OF DOCUMENTS TO THE MEDIATOR

Article 5

1. The mediator, upon his appointment, will request each party to submit a brief written statement describing the general nature of the dispute and the matters in dispute. Each party will send to the other a copy of its statement.

2. The mediator may request from each of the parties an additional statement, in writing, of their respective claim and the facts and reasons on which it is based, accompanied with the documents and other evidence that each party deems appropriate.

3. The mediator may, at any stage of the mediation procedure, request from a party the exhibition of documents it deems appropriate.

REPRESENTATION AND ASSISTANCE

Article 6

The parties may be represented or assisted by the persons of their choice. The names and addresses of such persons must be communicated in writing to the other party and the mediator; such communication must specify whether the appointment is made for purposes of representation or assistance.

ROLE OF THE MEDIATOR

Article 7

1. The mediator will assist the parties in an independent and impartial manner in their efforts to reach an amicable settlement of the dispute.

2. The mediator is guided by principles of objectivity, fairness and justice, taking into account, among other factors, the rights and obligations of the parties, the commercial trade practices concerned and the circumstances surrounding the dispute, including any practices established between the parties.

3. The mediator may conduct the mediation procedure in the manner it deems appropriate, taking into account the circumstances of the case, the wishes the parties may express, including the request of either party that the mediator hears oral statements, and the need to achieve a speedy settlement of the dispute.

4. If the parties so authorize the mediator it may, at any stage of the mediation proceedings, make proposals for a settlement of the dispute. It is not necessary that these proposals be made in writing nor the legal foundations of them are disclosed.

COMMUNICATIONS BETWEEN THE PARTIES AND MEDIATOR

Article 8

1. The mediator may invite the parties to meet with him or may communicate with them orally or in writing. He may meet or communicate with the parties together or with each of them separately.

2. In the absence of agreement between the parties regarding the place where they have to meet with the mediator, prior consultation with the parties, taking into consideration the circumstances of the mediation procedure, the mediator will determine such place.

DISCLOSURE

Article 9

If the mediator receives from any of the parties information regarding the dispute, it will disclose such content to the other party so that it can submit the explanations if it so deems appropriate. However, if a party provides information to the mediator under the express condition that it be kept confidential, the mediator will not disclose that information.

COLLABORATION OF THE PARTIES WITH MEDIATOR

Article 10

The parties shall cooperate in good faith with the mediator and, in particular, will make the effort to comply with requests to submit written documents, and where appropriate provide evidence and attend meetings.

SUGGESTIONS OF THE PARTIES FOR SETTLEMENT OF DISPUTE

Article 11

Each of the parties on its own initiative or at the invitation of the mediator, can submit to the mediator suggestions for the settlement of the dispute.

SETTLEMENT AGREEMENT

Article 12

1. When the mediator considers that there are elements for an acceptable compromise by the parties, it will formulate the terms of a possible settlement and submit them to the parties for them to express their observations. When an opinion of these observations is made, the mediator may reformulate the terms of a possible settlement.

2. If the parties reach an agreement on the settlement of the dispute, they will draw up and sign a written agreement. If the parties so request it, the mediator will draft the settlement agreement, or can assist the parties in drawing such.

3. The parties by execution of the settlement agreement will put an end to the dispute and they shall be bound to comply with the terms thereof.

CONFIDENTIALITY

Article 13

The mediator and the parties must keep all matters relating to the mediation procedure confidential. Such confidentiality will extend also to the settlement agreement, except where its disclosure is necessary for purposes of execution and enforcement.

TERMINATION OF MEDIATION PROCEDURE

Article 14

The mediation proceedings are terminated:

a) By the execution of a settlement agreement by the parties, on the date of such agreement; or

b) By a written statement of the mediator made after consultation with the parties to the effect that further efforts at mediation are no longer justified, on the date of such declaration; or

c) A statement in writing to the mediator by the parties to the effect that the mediation proceedings are terminated, on the date of the such declaration; or

d) A written notice by one party to the other party and the mediator, if it has been appointed, in the sense that the mediation proceedings are terminated, on the date of such statement.

JUDICIAL OR ARBITRAL PROCEDURE RECOURSES

Article 15

The parties oblige themselves to refrain from initiating an arbitral or judicial procedure during the mediation period regarding a dispute that is the subject of the mediation process, except where a party considers that such judicial or arbitral procedure is necessary to preserve their rights.

COSTS

Article 16

1. When the mediation procedure concludes, the ICAM will fix the costs of the mediation and shall notify them by written notice to the parties. The term "costs" includes only:

a) The mediator's fees, amount that shall be reasonable;

b) The travel and other expenses of the mediator;

c) Travel expenses and other expenses of any witnesses requested by the mediator with the consent of the parties;

d) The cost of any expert advice requested by the mediator with the consent of the parties;

e) The cost of assistance provided in accordance with paragraph 2 of Article 4 and Article 8 of these Rules.

2. The costs stated in the preceding paragraph shall be divided equally between the parties unless the settlement agreement provides for a different distribution. All other expenses incurred by one party shall be borne by it

ADVANCES

Article 17

1. Once the mediator is appointed, the ICAM may request each party to deposit an equal amount as an advance for the costs it expects will be incurred, in accordance with paragraph 1 of Article 16.

2. In the course of the mediation process, the mediator may request additional advances of equal value to each of the parties.

3. If the sums which deposit is required in accordance with paragraphs 1 and 2 of this article are not paid in full by both parties within 10 days, the mediator may suspend the proceedings or may present the parties with a written statement of termination, which will come into force on the date on which it is made.

4. Upon completion of the mediation procedures, the ICAM will report to the parties the deposits received and return any unexpended balance to them.

ROLE OF MEDIATOR IN OTHER PROCEDURES

Article 18

The parties and the mediator agree that the mediator will not act as an arbitrator, representative or counsel of a party in any arbitral or judicial proceedings relating to a dispute that is the subject of the mediation proceedings. The parties also oblige not to call the mediator as a witness in any such proceedings.

ADMISSIBILITY OF EVIDENCE IN OTHER PROCEEDINGS

Article 19

The parties oblige themselves to not to rely on or introduce as evidence in an arbitral or judicial proceeding, whether related or not to the dispute in mediation procedure:

a) Opinions expressed or suggestions made by the other party regarding a possible solution to the dispute;

b) Facts confessed by the other party in the course of the mediation proceedings;

c) Proposals made by the mediator;

d) The fact that the other party had indicated his willingness to accept a proposal for settlement made by the mediator.

"MODEL MEDIATION CLAUSE

When, in the case of a dispute arising out of this agreement or relating to it, and the parties wish to seek an amicable settlement of that dispute by mediation, it shall take place in accordance with the Mediation Rules of the ICAM. "

Note. The parties should consider adding:

a) The number of mediators shall be ... (one or two);

b) The place of mediation shall be ... (city and country);

c) The language to be used in the mediation procedure will be ....

SOLE Transitory. The provisions of these Rules shall enter into force the day after its approval by the Assembly of the National Chamber of Commerce, Services and Tourism of Tijuana, Baja California.

SOLE Transitory. The provisions of these Rules shall enter into force the day after its approval by the Assembly of the National Chamber of Commerce, Services and Tourism of Tijuana, Baja California.