Similar to the method of dispute resolution by commercial arbitration, the disputing parties and the mediator in the method of dispute resolution by commercial mediation are also obliged to keep confidential information related to the dispute before proceeding. any person, organization or government agency, unless otherwise agreed by the disputing parties or provided by law. Furthermore, the Mediator must keep a party’s information confidential, which it obtains through private discussions or meetings with that party before the other disputing party, unless agreed to by that party.
Commercial mediation is more flexible than arbitration. The mediator has the right to actively contact, discuss or meet privately with each disputing party; Each disputing party may also actively propose to contact, discuss or have a private meeting with the Mediator. The mediator and the disputing parties may agree on the time and place of the joint session(s). The mediation proceedings may also be terminated at any time when one or the parties declare that they do not want to continue the mediation or the Mediator considers that continuing to conduct the mediation will not lead to a successful mediation.
FAILURE MEDIATION DOES NOT INFECT THE DISPUTE SETTLEMENT BY THE ARBITRATION OR COURT
When commercial mediation does not result in a successful settlement of a dispute, any documents or information that can only be obtained through mediation may not be used as evidence in subsequent court, arbitration or other proceedings. The parties may not require the Mediator to be a witness in any proceeding with respect to a mediation dispute or other dispute arising out of the same transaction. That helps the parties to express their opinions, views or make proposals in commercial mediation proceedings without worrying that they may be used against them in other proceedings.