Solis Center Mediation Rules

1. A party sends a proposal to the other party to conduct mediation. The proposal may be send by a party itself, or with the assistance of a mediator, or with the assistance of the Solis Mediation Center.

2. The proposal may be sent by any means that provides a record of the fact and date of its submission. The proposal shall explicitly contain, at a minimum, an indication of the dispute that is proposed to be resolved, a reference to the application of these Rules and an indication of their edition, the initiating party, contacts for sending a response, and the deadline for sending a response to the proposal. The recommended response time is 14 calendar days, unless otherwise specified in the proposal.

3. The absence of a response to the proposal for mediation within the given period from the date of sending such a proposal is considered to be a rejection of the proposal for mediation.

4. Mediation in respect of a dispute that has arisen shall be deemed to have commenced on the day on which the parties to that dispute agree to engage in mediation, unless otherwise agreed.

5. If the parties engage the Mediation Center Soils for administrative support, then when opening the mediation procedure in accordance with these Rules, the parties and the mediator notify the Solis Mediation Center of the commencement of the mediation procedure at the following address: info@solismediation.ru.

1. There should be one mediator, unless otherwise agreed. Where there is more than one mediator, the mediators shall act jointly.

2. The parties should endeavour to appoint a mediator by agreement, unless a different appointment procedure applies. They may agree to replace a mediator at any time.

3. The parties may seek the assistance of the Mediation Center Solis for appointing a mediator. In this case, the Mediation Center Solis will offer the parties several mediators to choose from, and if the parties fail to agree, one mediator will be appointed.

4. In recommending or selecting individuals to act as mediator, the Mediation Center Solis shall have regard to:

a) The professional expertise and qualifications of the prospective mediator, experience as a mediator and ability to conduct the mediation;

b) Any relevant accreditation and/or certification awarded to the prospective mediator by a recognized professional mediation standards body;

c) The availability of the mediator; and

d) Such considerations as are likely to secure the appoint-ment of an independent and impartial mediator.

5. If the parties have different nationalities, the Mediation Center Solis, in consultation with the parties, may also take into account the advisability of appointing a mediator of a nationality other than the nationalities of the parties. In addition, the institution or person, in selecting, shall take into consideration geographical diversity and gender of the candidates.

6. When a person is approached in connection with a possible appointment as mediator, that person shall disclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence, including the disclosure of details of any personal, professional, financial or other interest that may influence the outcome of the dispute. A mediator, from the time of appointment and throughout the mediation, shall, without delay, disclose to the parties any such circumstances as they arise.

7. Prior to accepting the appointment, the prospective mediator shall ensure his or her availability to conduct the mediation diligently and efficiently.

8. In the event the mediator cannot perform her or his functions, the parties shall appoint a substitute mediator pursuant to the procedure mentioned in paragraphs 2, 3, 4, and 5

Paragraph 6 and 7 shall apply to the newly appointed mediator.

1. The parties may agree on the manner in which the mediation is to be conducted. Otherwise, the mediator may determine the conduct of the mediation in consultation with the parties, taking into account the circumstances of the case, any wishes that the parties may express and the need for a speedy settlement of the dispute.

2. The mediator shall maintain fair treatment of the parties and, in so doing, shall take into account the circumstances of the case.

3. In order to facilitate the conduct of the mediation:

a) The parties and the mediator may convene a meeting at an early stage to agree on the organization of the mediation;

b) The parties, or the mediator with the consent of the parties, may arrange for administrative assistance by the Mediation Center Solis; and;

c) The parties, or the mediator with the consent of the parties, may appoint experts.

4. In conducting the mediation, the mediator may, in consultation with the parties and taking into account the circumstances of the dispute, utilize any technological means as he or she considers appropriate, including to communicate with the parties and to hold meetings remotely.

5. A party may be represented or assisted by a person or persons of its choice. The name, address and function of such persons shall be communicated to all parties and to the mediator in advance of the mediation or without delay. This communication shall also indicate the scope of authority and whether the purpose of the appointment is for representation or assistance.

6. If the parties engage the Mediation Center Solis for administrative support, the Mediation Center Solis shall be in the copy of all correspondence between the parties and mediator. An employee of the Solis Mediation Center is present in person or online at ongoing mediation hearings to ensure that the mediation procedure complies with the rules of mediation and applicable law.

7. The Mediation Center Solis verifies the settlement agreement for compliance with the rules of mediation and Russian law. In the event that the foreign law is applied, the Mediation Center Solis, in agreement with the mediator and the parties, may involve an expert in foreign law.

8. The Mediation Center Solis collects the materials of the ongoing mediation case and keeps these materials for five years from the date of termination of the procedure.

1. The mediator may meet or communicate with the parties together or with each of them separately.

2. By agreement with the parties, remote communication channels may be used for communication during the mediation procedure. In this case, the mediator shall explain to the parties the rules for using such channels and ensuring the confidentiality of the procedure.

3. At any time during the procedure, a party may express its wishes regarding the conduct of the procedure by holding joint meetings or individual meetings (without the participation of the other party), whichever is more comfortable for the parties. To ensure the effectiveness of the procedure, the mediator has the right to recommend that the parties conduct mediation jointly or during individual meetings, however, he or she is not entitled to determine the choice of the parties.

1. Unless otherwise agreed by the parties, all information relating to the mediation, including, if relevant, the settlement agreement, shall be kept confidential by those involved in the mediation, except where disclosure is required by the law or as referred to under article 8, paragraph 4

2. At any stage of the mediation, the parties may submit information concerning the dispute, such as statements describing the general nature of the dispute, the points at issue, and any supporting document or additional information deemed appropriate. The information may also include a description of the goals, interests, needs and motivations of the parties as well as any relevant documents. A party, at its discretion, may submit such information to another party or only to the mediator for discussion.

3. When the mediator receives information concerning the dispute from a party, the mediator shall keep such information confidential, unless that party indicates that the information is not subject to the condition that it should be kept confidential, or expresses its consent to the disclosure of such information to another party to the mediation.

4. The mediator may not disclose information or documents obtained during the mediation to anyone who is not a party to the mediation or a person engaged by the parties to administer the procedure, unless:

- both parties agree that the mediator will disclose information to certain persons,

- the mediator is obliged to do so in accordance with the law,

- such disclosure is necessary to prevent crime or harm to health.

5. The parties may not disclose information or documents obtained in the course of the mediation to anyone who is not a party to the mediation, a representative of a party to the mediation, or a person engaged by the parties to administratively support the procedure, unless:

- the other party(s) agrees that that party will disclose the information,

- such disclosure is necessary in order for the disputing party to obtain professional advice (unless this is contrary to law and provided that the consultant ensures the same confidentiality of information as the disputing party),

- such disclosure is necessary to ensure compliance with the settlement agreement reached as part of the mediation,

- the party is obliged to do so in accordance with the law,

- such disclosure is necessary to prevent crime or harm to health.

Such disclosure shall be limited to only the necessary amount of information and to the extent permitted under applicable law.

6. The Mediation Center Solis may publish reviews of the practice of mediation cases conducted with its participation, in a generalized form, without mentioning personal data and names of mediation participants, without names / addresses associated with the subject of the dispute.

7. If the parties and the mediator agree, the Mediation Center Solis may publish information on the fact that the parties have reached a settlement agreement.

1. Unless otherwise agreed by the parties, a party to the mediation, the mediator and any third person, including those involved in the administration of the mediation shall not, in arbitral, judicial or other dispute resolution proceedings, rely on, introduce as evidence or give evidence regarding any of the following:

(a) An invitation by a party to engage in mediation or the fact that a party was willing to participate in mediation;

(b) Views expressed, or suggestions made by a party in the mediation in respect of a possible settlement of the dispute;

(c) Statements or admissions made by a party in the course of the mediation;

(d) Proposals made by the mediator or the parties;

(e) The fact that a party had indicated its willingness to accept a proposal (or parts thereof) for settlement made by the media- tor or the parties; and

(f) A document prepared primarily for purposes of the mediation.

2. Paragraph 1 applies irrespective of the form of the information or evidence referred to therein.

3. Paragraphs 1 and 2 apply whether or not the arbitral, judicial, or other dispute resolution proceedings relate to the dispute that is or was the subject matter of the mediation.

4. Subject to the limitations of paragraph 1, evidence that is other- wise admissible in arbitral, judicial, or other dispute resolution proceedings does not become inadmissible as a consequence of having been used or disclosed in the mediation.

1. Once the parties agree on the terms of a settlement to resolve all or part of the dispute through mediation, they should prepare and sign a settlement agreement. If requested by the parties and if the mediator deems it appropriate, the mediator may provide support to the parties in preparing the settlement agreement.

2. Unless otherwise agreed by the parties, the mediator or the Mediation Center Solis may sign or stamp the settlement agreement or provide other evidence that the agreement resulted from mediation.

3. The requirement that a settlement agreement shall be signed by the parties is met in relation to an electronic communication if the parties agreed in advance on the possibility of concluding the final agreement in electronic form (including by exchanging messages) and on the method of identifying the parties when concluding the final agreement.

4. The parties may certify the final agreement by a notary. In this case, the final agreement is concluded in the form and procedure provided for by the rules for notarization. If a final agreement is reached by the parties for a dispute pending in court, relevant procedural law shall apply to the form and content of such a final agreement.

5. By signing the settlement agreement, the parties agree that the settlement agreement can be used as evidence that it results from mediation, and that it can be relied upon for seeking relief under the applicable law.

The mediation shall terminate:

(a) By the signing of the settlement agreement by the parties, on the date of the agreement or such other date as agreed by the parties in the settlement agreement;

(b) By a declaration of the parties to the mediator to the effect that the mediation is terminated, on the date of the declaration;

(с) By a declaration of a party to the other party and the mediator, if appointed, to the effect that it no longer wishes to pursue mediation, on the date of the declaration;

(d) By a declaration of the mediator, after consultation with the parties, to the effect that further efforts at mediation are no longer justified, on the date of the declaration;

(e) By a declaration of the mediator, after consultation with the parties, in the situation referred to in article 11, paragraph 5, on the date of the declaration; or

(f) At the expiration of any mandatory period in the applicable international instrument, court order or mandatory statutory provision, or as agreed upon by the parties.

1. Mediation may take place under the Rules at any time regardless of whether arbitral, judicial, or other dispute resolution proceedings have been already initiated.

2. Where the parties have agreed to mediate and have also expressly undertaken not to initiate, during a specified period of time or until a specified event has occurred, arbitral, judicial or other dispute resolution proceedings with respect to an existing or future dispute, such an undertaking shall be complied with, except to the extent necessary for a party, in its opinion, to preserve its rights. Initiation of such proceedings is not of itself to be regarded as waiver of the agreement to mediate or as a termination of the mediation.

1. The costs of the mediation is determined by the Rules of the Mediation Solis on fees and expenses. The term «costs» includes only:

(a) The fees of the mediator;

(b) The travel and other expenses of the mediator;

(с) The cost of expert advice requested by the mediator with the agreement of the parties;

(d) The cost of any assistance provided pursuant to article 3, paragraph 3, and article 4, paragraph 3, of the Rules; and (e) Any other expenses that may have been accrued out of the mediation, including in relation to translation and interpretation services.

2. Unless otherwise agreed by the parties, the costs, referred to in paragraph 1, are borne equally by the parties and, in the case of multiparty mediation, they are shared pro rata. All other expenses incurred by a party are borne by that party.

3. The mediator, upon appointment, may request each party to deposit an equal amount as an advance for the costs referred to in paragraph 1, unless otherwise agreed by the parties and the mediator.

4. During the course of the mediation, the mediator may request supplementary deposits in an equal amount from each party, unless otherwise agreed by the parties and the mediator.

5. If the required deposits under paragraphs 3 and 4 are not paid in full by all parties within a reasonable period set by the mediator, the mediator may suspend the mediation or may declare the termination of the mediation, in accordance with article 9, subparagraph (e).

6. Upon termination of the mediation and if deposits were received, the mediator shall render an accounting to the parties of the deposits received and return any unexpended funds to the parties.