Translation of the GMAA Mediation Rules
(In case of doubt, the German version prevails.)
Version 2014 - valid as per 1.1.2015
GMAA Mediation Rules
§ 1 Scope of Application
- If the Parties have agreed that disputes between them shall be resolved in accordance with the GMAA Mediation Rules, the Rules shall apply in the version in force at the time of commencement of the proceedings.
- The Parties may agree to derogate from these Rules. If a Mediator has already been appointed, derogation from the Rules are subject to consultation with the Mediator.
§ 2 Commencement of Proceedings
The party wishing to commence Mediation Proceedings (Applicant) shall send an application in written form (letter, fax or e-mail) to the other party (Respondent). The Mediation Proceedings commence upon the Respondent’s receipt of the application. The application must:
- identify the Parties
- contain a description of the dispute and the claims arising out of or relating thereto
- indicate that the Applicant wishes to commence Mediation Proceedings.
§ 3 Nomination and Appointment of the Mediator
- The Parties shall agree on a Mediator without delay. If an agreement is not accomplished within two weeks, either Party may request the Chairman of the GMAA to propose a Mediator or may declare the Mediation Proceedings terminated.
- If the requested proposal by the Chairman of the GMAA is not confirmed by the Parties within one week counting from the respective Party’s receipt of the nomination, either Party may declare to the other the termination of the Mediation Proceedings
- As soon as the Parties are in agreement the Mediator shall be nominated with reference to these Mediation Rules. The Mediator shall be deemed appointed upon the Parties’ receipt of the Mediator’s written declaration of acceptance. Acceptance may also be declared by way of a supplementary agreement between the Mediator and the Parties, in particular in respect of the conduct of the Mediation Proceedings. If the Mediator fails to declare acceptance within one week, the Parties are free to agree on a new Mediator pursuant to paragraph 1.
§ 4 Additional Claims/ Counter-Claims
Either Party may include additional claims or counterclaims into the Mediation, subject to the other Party’s consent or if such claims are also subject to a mediation agreement between the Parties.
§ 5 Fundamental Principles and Conduct of the Mediation Proceedings
- The Mediation is governed by the German Mediation Act and the European Code of Conduct for Mediators, unless provided otherwise in these Mediation Rules
- The Mediator shall be independent, impartial and duty boundin equal measure to all Parties. The Mediator must disclose any circumstances that might prejudice his independence or impartiality, in which case the Mediator is only permitted to act if the Parties approve in awareness of these circumstances.
- The Mediation is conducted in private. The Parties and the Mediator must keep confidential the content of the Mediation Proceedings. The information obtained in the Proceedings must not be used in adversarial procedures and, in particular, the Mediator must not be named as a witness.
- The venue and the order of procedure of the Mediation shall be agreed between the Mediator and the Parties.
- The Mediator shall encourage a swift conduct of the Mediation. He may request the Parties to submit a summary of their respective positions. The parties shall endeavour to contribute to the success of the Mediation Proceedings in good faith.
- Each Party or their representative/s at the Mediation hearing must have full authority to settle the dispute.
- If the Mediator considers individual preliminary communications appropriate, he shall notify the Parties accordingly. The Mediation hearings take place in the presence of all Parties. Subject to all Parties’ consent the Mediator may communicate with a Party individually. Any information disclosed in such individual discussions is confidential and may only be disclosed to the other Party with the consent of the Party concerned.
- When concluding a settlement the Mediator shall endeavour to ensure that the Parties fully understand the underlying facts and the contents of the agreement. The Mediator shall inform a Parties attending the Mediation without professional assistance of the possibility to have the settlement reviewed, by external advisors if so required. The settlement shall be recorded in writing in a final document.
§ 6 Termination of Proceedings
The Mediation is terminated when:
- the Parties have reach a settlement or
- a Party declares the Mediation Proceedings terminated pursuant to § 3 or
- one Party notifies the other Party and the Mediator in writing that it declares the Mediation Proceedings terminated. This is only permitted at a point in time after the commencement of the first Mediation hearing, or if no Mediation hearing took place, within one month from the appointment of the Mediator. or
- the Mediator declares the termination of the Mediation to the parties in writing.
§ 7 Suspension of Limitation period
- The limitation period for the claims specified in the Mediation application is suspended upon receipt of the application pursuant to § 2, i.e. subject to sub-sections 2 and 3 of this clause the other Party waives its right to plead the statute of limitation. The limitation period for additional claims or counterclaims is suspended upon receipt of a separate application for the inclusion of such claims in the Mediation Proceedings. § 2 applies accordingly to the form of such an application.
- If the Mediation Proceeding become dormant due to the Parties’ inactivity the suspension of the limitation period shall cease three months after the last action in the Proceedings.
- The limitation period expires at the earliest three months after the termination of the Mediation Proceedings pursuant to § 6 or the proceedings are dormant pursuant to subs. 2 above of this clause.
§ 8 Other Proceedings
During the Mediation Proceedings, neither Party is permitted to institute proceedings before an arbitral tribunal or a state court with the exception of applications for interim relief.
§ 9 Costs
- The Mediator is entitled to a reasonable fee and reimbursement for necessary expenses, - plus VAT if applicable as well as a reasonable advance payment or security for costs. The Parties and the Mediator shall agree the Mediator’s fee rate.
- The Parties are jointly and severally liable for Mediator’s costs. Unless the Parties agree otherwise, they shall bear the costs of the Mediation internally in equal shares and their own costs in full.
§ 10 Liability of the Mediator
The Mediator shall only be liable for the deliberate breach of his obligations.