In principle, mediators are appointed by the parties themselves. If the parties fail to reach agreement on the mediator to be appointed, or if they express a preference for appointment by an independent and impartial third party, the NAI will appoint the mediator, using the list procedure.
Under the list procedure, the NAI sends a list of names of mediators to all parties, with the request to let the secretariat know which persons are not eligible to be appointed as mediators in their proceedings. In principle, the NAI appoints a mediator from the candidates who are acceptable to all parties. If none of the candidates is acceptable to all parties, the NAI appoints a mediator whose name does not appear on any of the lists sent to the parties.
Yes, co-mediation is possible under the NAI mediation rules, provided it is desired by all parties.
Frequently asked questions about the Netherlands Arbitration Institute
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