Mediation Rules

1. These Mediation Rules apply where the parties agree in writing to submit a technology or innovation-related commercial dispute to mediation through A-Resolve.

2. The mediation may take place:
o as a standalone process; or
o before, during, or after arbitration or litigation, where permitted.

For the purposes of these Rules:

• Mediator means the neutral appointed to facilitate settlement discussions.
• Settlement Agreement means any written agreement signed by the parties to resolve all or part of the dispute.
• Other defined terms may follow the meaning given in the Arbitration Rules where context permits.

1. Mediation begins when both parties agree to mediate under these Rules and the case is opened on the Platform.

2. The initiating party shall submit:
o the names and contact details of the parties;
o a short description of the dispute;
o any existing dispute resolution clause;
o and any documents necessary for initial orientation.

1. The Mediator shall be appointed by agreement of the parties or, failing agreement, by the Platform.

2. The Mediator shall be impartial, independent, suitably qualified, and available to conduct the process efficiently.

3. Any circumstances giving rise to justifiable doubts as to independence or impartiality shall be disclosed promptly.

1. The Mediator does not decide the dispute and does not issue a binding ruling or award.

2. The Mediator’s role is to assist the parties in reaching a voluntary settlement.

3. The Mediator may:
o conduct joint meetings;
o conduct separate caucuses;
o request documents;
o suggest process structures;
o and assist parties in formulating settlement terms.

1. The parties shall participate in the mediation in good faith.

2. The mediation may be conducted entirely online.

3. Each party shall ensure that the person participating has sufficient authority to discuss settlement or is in direct communication with someone who does.

1. The mediation shall be confidential.

2. Statements, concessions, proposals, and discussions made in the mediation shall be without prejudice, except to the extent disclosure is necessary to implement or enforce a resulting settlement agreement or is otherwise required by law.

3. The Mediator shall not be called as a witness in later proceedings relating to the dispute, except where mandatory law requires otherwise.

1. If the parties reach settlement, the terms shall be recorded in writing.

2. The settlement agreement shall be signed by or on behalf of the parties.

3. The Platform may assist in arranging for execution, dating, and secure storage of the final settlement text.

The mediation shall terminate:

• when a settlement agreement is signed;
• when the mediator declares further efforts unlikely to be useful;
• when a party withdraws;
• or when the Platform closes the mediation for non-participation or non-payment.

1. The parties may agree on the governing law of the settlement agreement.

2. Failing agreement, the settlement agreement shall be interpreted under the law most closely connected to it, subject to any mandatory rules.

3. The mediation may be described as conducted online through the Platform, with any juridical place or connecting factor stated where useful for enforcement purposes.

1. Any settlement agreement resulting from a mediation under these Rules shall be recorded in writing and signed by the parties.

2. Where applicable, such settlement may be relied upon and enforced under the governing law.

3. For qualifying international commercial settlement agreements, enforcement may also fall within the framework of the United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Convention on Mediation), subject to the requirements of that Convention and the law of the enforcing state.

4. Nothing in these Rules shall be interpreted as guaranteeing enforceability in every jurisdiction or circumstance.