Arbitration & Mediation

Introduction to MARC Mediation

WHAT IS MEDIATION?

Mediation is a flexible and amicable dispute resolution process. It provides a shield of confidentiality and trust, which allows parties to negotiate and explore by themselves a mutually acceptable solution to their dispute with the help of a neutral facilitator, the mediator. The latter orchestrates these exchanges, without becoming involved in the substance of the dispute, leaving the parties free to decide on the outcome to their dispute.

The parties have control over both the decision to settle and the terms of any settlement agreement. In mediation proceedings, parties remain in control of the outcome by negotiating a contractually binding, win-win agreement based on their business interests. Since control over the decision to settle and the terms of any settlement agreement remains with the parties, the mediator has no power to impose a settlement on the parties but facilitates the parties’ settlement negotiations.

During the mediation, the mediator may hold meetings or conference calls with all of the parties present and may also hold separate meetings or calls with each of the parties alone.

In the course of the mediation, the parties can exchange settlement proposals, which may lead to a negotiated agreement. Such proposals can be made directly between the parties or through the mediator.

ADVANTAGES OF MEDIATION

Advantages of mediation include that it takes usually less time than arbitration or litigation and involves lower costs. Moreover, the process enables parties to reach an agreement on solutions which could not be achieved through an adjudicative process such as arbitration or litigation and which would not therefore be available through the making of an arbitral award or a judicial decision. For example, the parties’ preferred solution to a contractual dispute may be to renegotiate the terms of the contract. The renegotiation of a contract is possible in mediation, whereas it is unlikely to be any legal basis for seeking such relief in arbitration or litigation.

Whilst the adjudicative processes focus on the parties’ legal rights, mediation helps parties also to take into consideration commercial and other interests. The mediation process can help parties acquire a better understanding of each other’s needs and interests so that they can look for a solution which accommodates these needs and interests as far as possible. Mediation can be a particularly useful tool when the parties in dispute have an on-going relationship (such as a joint venture or long-term supply contract).

WHO CAN USE MARC MEDIATION?

Anyone can use MARC Mediation, whether a company, government, state entity, international organization or individual. It is not necessary to be an MCCI member or to have any other affiliation with MCCI.

MARC Mediations are administered by the MARC Permanent Secretariat pursuant to the MARC Mediation Rules. The Centre is the only body empowered to administer proceedings under those Rules.

For more information on MARC, please visit the MARC website at www.marc.mu

Australia

June 1995
Australian Chamber of Commerce and Industry (ACCI)

China

April 1997
China Council for the Promotion of International Trade (CCPIT) - Beijing
China International Economic and Trade Arbitration Commission - Shanghai
November 1998
CCPIT Guangdong Sub-Council
September 2008
CCPIT Qingdao
May 2007
CCPIT Qingdao

Austria

September 2014
Austrian Federal Economic Chamber

France

September 1996
l’Assemblée des Chambres Françaises de Commerce et d’Industrie (ACFCI)

India

November 1985
Federation of Indian Chambers of Commerce and Industry (FICCI)
May 1996
Confederation of Indian Industry (CII)
June 1995
Tamil Nadu Chamber of Commerce and Industry
January 2004
India International Trade Center
May 2004
Seafood Exporters Association of India
October 2005
Seafood Exporters Association of India

Kenya

January 2011
The Kenya National Chamber of Commerce and Industry (KNCCI)

Madagascar

November 2004
Fédération des Chambres de Commerce, d’Industrie, d’Artisanat et d’Agriculture de Madagascar

Malaysia

August 1994
The National Chamber of Commerce and Industry of Malaysia
June 2005
Malaysian Associated Indian Chambers of Commerce and Industry

Mozambique

September 2012
Chamber of Commerce of Mozambique)

Pakistan

October 2004
The Federation of Pakistan Chambers of Commerce and Industry (FPCCI)

Russia

May 2007
Chamber of Commerce and Industry of the Russian Federation

Sri Lanka

May 2004
National Chamber of Commerce of Sri Lanka

Tanzania

January 2011
The Tanzania Chamber of Commerce, Industry and Agriculture (TCCIA)

Thailand

August 2004
The Federation of Thai Industries (F.T.I)
February 2013
TUSKON

Turkey

August 2014
DEIK (Foreign Economic Relations Board)
TOBB (The Union of Chambers and Commodity Exchanges of Turkey)

Réunion

June 1995
Chambre of Commerce and d’Industrie de la Réunion
March 2002
L’Association pour le Développement Industriel de la Réunion

Seychelles

November 2005
Seychelles Chamber of Commerce and Industry
April 2014
Seychelles Chamber of Commerce and Industry

Djibouti

August 2008
Chamber of Commerce of Djibouti

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  • Introduction to MARC Mediation
  • Introduction to MARC Mediation