Article 1

At the request of the parties, CAREN entrusts a mission to a mediator, whom it has approved or selected, to find an amicable solution to the dispute.

The dispute must be of a trading or mmixed nature, that is to say it must concern either two people who are traders or one trader and one person who is not a trader.

Article 2

CAREN's competence in the matter is the result of either a clause inserted in a contract, or a special mediation agreement.

Article 3

There is only one mediator. Unless the parties agree to select a person from the list prepared by CAREN, the latter will nominate the mediator.

Article 4

After consultation with the parties and their advisers, the mediator prepares the time schedule and all the other procedural methods. The procedure must not last longer than three weeks from the date of nomination of the mediator. In exceptional cases, this period may be extended once only.

Article 5

All the persons taking part in the mediation must respect its confidential nature. If the mediation should fail, they may not make use in any way of any of the statements, opinions, suggestions, declarations or proposals of whatever nature expressed during or on the occasion of the mediation.

Article 6

The fees of the mediator are fixed by agreement between the mediator and the parties within the framework of a schedule of rates established by CAREN.

If there is any disagreement these fees will be fixed by the CAREN.

At the time of the nomination of the mediator, the parties must each deposit a provisional amount decided upon in the same manner.

The administrative expenses of CAREN are fixed in accordance with the same schedule of rates.

Unless otherwise agreed, the fees and expenses are paid in equal shares by the parties at the end of the mediation.

Article 7

The mediation may end in one of the following ways :

• by an agreement being reached between the parties. In this case a written document is prepared which specifies the terms of the agreement and is signed by the parties and the mediator. An original of the signed document is sent to the secretariat of CAREN;
  
  
• by a decision of the mediator, if he decides that the mediation is unlikely to have a favourable issue;
  
  
• by a written declaration of one of the parties, in which case the party making the declaration must pay the fees and expenses incurred up to the date of his decision.

In all instances, the mediator must notify CAREN without delay. Depending on the agreements reached previously between the parties, CAREN starts the arbitration procedure or proposes it to the parties.

The mediator may not be designated as arbitrator in the same dispute.

Dear Sirs,

We, the undersigned,

- M. X… (full name and address)
Or the X company (form, head office, telephone number, fax, legal representative duly authorised)

- M. Y… (ditto)
Or the Y company… (ditto)

request that you set up a mediation procedure in order to find an amicable solution to the dispute which concerns us, that is to say : (explanation of the dispute)

We request you :
- (either) to send us a list of authorised persons from which we will select a single mediator,
- (or) to designate the mediator.

The mediation will proceed under the conditions fixed by the rules of CAREN.

We therefore send you with this letter :
a) 1 (or 2) cheque(s) (postal order(s) for a total amount of ..... (before taxes + VAT) for administrative expenses
b)1 (or 2) cheque(s) for a total amount of ..... (before taxes + VAT) for the fees of the mediator.

Yours faithfully…

On receipt of this joint request, CAREN will supply the list of mediators or designate the mediator.

In the absence of a mediation clause or agreement, one of the parties may send CAREN an unilateral request for mediation in the following form.

Dear Sirs,

I, the undersigned X (full name and address, telephone number, fax, and in general any useful information), request that you set up a mediation procedure in accordance with the rules of CAREN in a dispute which I have with : (details of the identity of the opposing party), (if need be, add : in accordance with the clause of the contract of which a copy is attached).

The cause of the dispute is as follows : (brief explanation).

I attach a cheque (or postal order) for an amount of .... (before taxes + VAT) as a deposit for administrative expenses.

Yours faithfully.

1st instance

In this case, the request is within the competence of CAREN and justifies the recourse to a mediation.

CAREN notifies the other party of the request, gives him 8 days to state his position and sends the requester a copy of the notification.

2nd instance

In this case, CAREN tells the requester that the dispute does not have the required characteristics for its intervention and gives him if need be any other useful information.

Model notification

Dear Sirs,

This letter is to notify you of the request for mediation presented by X…

As the search for an amicable solution by means of mediation pre-supposes the agreement of both parties, we request you to let us know within 8 days if you accept this procedure.

If this is the case :

1/ you may agree with the requester on the selection of a single mediator from a list of mediators prepared by CAREN. If you do not agree among yourselves, CAREN will designate the mediator.

2/ each of the parties will deposit a provisional amount of 100 (HT, before taxes) towards the fees of the mediator.

3/ the mediator will then receive from CAREN the mission to hear your points of view, to obtain the documents needed for the examination of situation and propose an amicable solution.

4/ in agreement with your adversary and the mediator, you will set the duration of this procedure, which must not be longer than three weeks.

Yours faithfully,…..