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CRCICA Adopts New Mediation Rules

Mediation has grown as a simple, effective and reasonably priced dispute settlement mechanism. Keeping up with international trends and practices, CRCICA issued its New Mediation Rules, effective as from 1 January 2013. They are now available in Arabic and English at:
pdf view the new CRCICA Mediation Rules (Arabic version)
pdf view the new CRCICA Mediation Rules (English version)

Since 2011, under the umbrella of the International Finance Corporation, a member of the World Bank Group, CRCICA has worked with the Centre for Effective Dispute Resolution (CEDR) to develop new mediation rules that respond to users’ expectations in the light of recent practices worldwide. “The new CRCICA mediation rules”, according to Mr. James South, CEDR Director, ” are high quality and consistent with developments of international mediation practice. They also show CRCICA’s commitment to developing mediation services in Egypt and the wider region.”

The Rules are also well received by key practitioners. According to Dr. Ahmed Fathi Waly, Contract Administration Consultant and Accredited Mediator; “these rules mark a bench mark in the use of Mediation as an effective dispute resolution method in Egypt. The Centre reaped the fruits of its long term efforts, hard work and dedication to promote Mediation. In the midst of the Egyptian revolution aftershocks, the Centre managed to keep its focus and excel in achieving this accomplishment.”

CRCICA was supported in this institutional project by an expert working group composed of members of its Panel of Accredited Mediators. “The Group focused on reaching a set of rules that will facilitate the Mediation process”, said Mr. Khalil Shaat, Senior Policy Advisor, Water and Wastewater Programme (WWMP) and Accredited Mediator. “While we were discussing the Rules and possible changes thereof”, Mr. Shaat explained further, “we were attached to the future.”

According to Mr. Michael Schneider, International Arbitrator and member of CRCICA BOT, “the Rules are well considered and provide a useful frame for mediation and possible other ADR Services.” This is illustrated in the Rules’ scope of application which expands to all other forms of ADR mechanisms which may be brought before the Centre subject to the choice of the parties involved. It also allows for making amendments to it as may be required for the specific nature of such other ADR mechanisms.

The Rules unfold a high level of flexibility that fosters party autonomy all through the mediation process. According to the Rules, the mediation process is a very flexible one allowing the mediator to conduct it “in such a manner he or she deems appropriate, taking into account the circumstances of the case, the wishes of the parties and the need for a speedy settlement of the dispute” (Article 8.3).

Being cognizant that the appointment of an efficient mediator might be a challenge to parties, the Rules refer to the Centre’s Panel of Accredited Mediators from amongst which the mediator should be appointed in case the parties have not agreed on a mediator. CRCICA has a list of almost 80 accredited mediators, all are well-reputed professionals in the field. About one third of this Panel received their accreditation from CEDR as one of the most distinguished mediation organizations all over the world.

In sustaining institutional framing of possible mediations under different circumstances, the Rules include two model clauses. The first is a simple mediation clause and the second is a multi-tiered process clause that suggests options before mediation and after it in case of its failure. One original feature of the model mediation clause is that it invites the parties to consider adding the possibility of appointing the mediator as an arbitrator and request him or her to confirm the settlement agreement in an arbitral award.

The New CRCICA Mediation Rules promise to provide reliable procedural grounds for the practice of mediation in Egypt and the region. “As a mediator by training and inclination,” says Laila El Shentenawi, Senior Associate, Mena Associates and Accredited Mediator, “I am happy to see CRCICA offering new rules for mediation fitting the development of the business world and focusing on party autonomy and prompt amicable dispute resolution.”

 Posted in News
 Published on Dec 31 2012

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