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MEDIATION

APCAM Mediation provides the most advanced global rules published by the Asia Pacific Centre for Arbitration & Mediation, which helps parties and mediators to take maximum advantage of the flexible procedures available in mediation for the resolution of international disputes quickly and economically.

APCAM Mediation Rules have been developed to cater the requirements of all constituent member institutions to conduct administered international mediation under their respective Institutional Mediation Rules.

The APCAM Mediation Rules also provides facility for Arb-Med-Arb Procedure, which is an effective way by which the party can invoke arbitration and simultaneously try to resolve the dispute through mediation and if successful, make the outcome as an arbitral award or in case of failure of mediation, continue with arbitration. The AMA procedure helps to save time and also helps to make mediation settlement binding.

APCAM Mediation Services also include “deal mediations” or “assisted deal-making” for making efficient business deals and dispute management systems. It also provides for parties to opt for Dispute Management clause, in their project contracts, wherein the parties to the contract can jointly appoint a “Project Mediator”. This provides an opportunity for parties to work together, in a more collaborative and mutually beneficial environment and oversee that the contract proceeds smoothly.

The APCAM Mediation Rules also makes provisions to make the settlement award binding as per the United Nations Convention on International Settlement Agreements Resulting from Mediation (also known as “Singapore Convention”) in countries which are signatories of the Convention.

How it Works:

A party need not have a specific APCAM mediation clause in their contract to invoke the APCAM Rules. A party who have opted for institutional ADR services under the Mediation Rules of any of the constituent institutional members in any of the countries, can use those institutions to conduct mediation of their international disputes under the APCAM Mediation Rules. As per the Mediation Rules of the respective institutions, in case of an international dispute, the process will be governed under the APCAM Mediation Rules for resolving their international disputes. The APCAM Mediation Rules provide an easy and comprehensive procedure for parties to adopt and conduct their proceedings in any of the countries without hurdles. The costs and expenses of mediation will be governed by the Fee Schedule of the APCAM Mediation Rules in all these jurisdictions.

Click here for APCAM Mediation Rules

Download APCAM MEDIATION Rules