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Proceedings

In order to initiate mediation proceedings, a request for mediation must be submitted to the NAI Secretariat by e-mail (secretariaat@nai-nl.org). Attachments must be sent along by e-mail. The request may be brief and it is not tied to a particular format. However, certain particulars must be mentioned in the request. The request may be submitted by all the parties involved in a dispute or by one or more of them. You may also use the Medation Request form.

Course of the proceedings

If a request for mediation is not submitted by all the parties jointly, the NAI will send a copy of the request to the other party or parties involved, with the request to inform the NAI in writing, within fourteen days of receipt of the copy, whether it is (or they are) willing to conclude a mediation agreement.

A mediator is appointed if all the parties have informed the NAI that they consent to resolution of their dispute by means of NAI mediation. In principle, the parties jointly appoint the mediator. The parties may also ask the NAI to appoint the mediator via the list procedure.

The NAI then calls a meeting between all parties and the mediator. During this meeting the parties and the mediator conclude a mediation agreement, stipulating which disputes will be dealt with in the mediation and which rules of procedure will apply.

The mediation may result in:

• full or partial resolution, laid down in a settlement agreement
• no resolution

In consultation with the parties, a settlement agreement may be laid down in an arbitral award on agreed terms.