Process in Detail

Step 1 Negotiation Phase

1. Having checked that the dispute comes within ECODIR dispute resolution rules, the First Party logs in and creates a new user account.

2. The First Party then fills out the online invitation to negotiate.

3. Having filed the electronic invitation to negotiate form, the First Party receives a confirmation message from the Secretariat via email within the next 24 hours.

4. The Second Party will receive the invitation to negotiate from the Secretariat and will be given seven (7) days to respond.

5. In the absence of a response, the Second Party is deemed to have refused to participate.

6. If the Second Party responds, both Parties negotiate in an attempt to find a mutually acceptable solution to the dispute.

Step 2 Mediation Phase

7. In the absence of agreement, either party may request the assistance of a neutral third party, the Mediator.

8. The Secretariat may appoint a Mediator selected from ECODIR’s lists or appoint the mediator chosen by the Parties.

9. The Mediator then reviews the file and makes an attempt to bring the Parties to a settlement. The Mediator is proactive and can make settlement proposals.

Step 3 Recommendation Phase

10. In the absence of agreement after 15 days from the beginning of the mediation phase, the Mediator makes a recommendation.

11. Except where otherwise agreed, the Parties are not bound by this recommendation