New Mediation Rules in Stockholm
The new SCC Mediation Rules came into force on 1 January 2014.
The new rules in brief:
- The new SCC Mediation Rules will be managed by the SCC Board, which will decide on issues as foreseen under the rules, including the appointment of mediators. As commercial objectives become increasingly important in developing and administrating dispute resolution services, the SCC has found it appropriate to combine mediation and arbitration in one administrative entity. This also means that the Mediation Institute of the Stockholm Chamber of Commerce ceased its activities as of 31 December 2013.
- Before the appointment of a mediator, the SCC shall solicit the views of the parties. If the parties jointly propose a person to act as mediator, this person shall be appointed by SCC.
- The SCC Board shall determine the fee of the mediator, which shall include EUR 4,000 for preparation of the case and EUR 4,000 for each day of mediation hearings. The default rule will be that the mediation is concluded in one day. The administrative fee of the SCC will, as before, be based on the amount in dispute.
- The time limit for the termination of the mediation has been removed, taking into account experiences under the previous rules.
- The effect of the mediation agreement is clarified in the new rules by providing in Article 2 that “Unless the parties have agreed otherwise, an agreement to mediate pursuant to these Rules does not constitute a bar to court proceedings or a bar to initiate arbitration”.
- The provision under which the parties may, subject to the consent of the mediator, agree to appoint the mediator as an arbitrator and request him or her to confirm the settlement in an arbitral award, has been maintained (Article 15). This provision was first introduced by SCC in 1999.
- Additional publications on the new SCC Mediation Rules will be made available later this spring, as well as handbooks and best practice mediation.
- A seminar focusing on the business objectives in disputes and the role played by mediation in this context is also planned for April. More information will follow.