Rules

Rules of the Florence International Mediation Chamber

Art. 1) Definition and scope

This rules shall apply to mediation proceedings managed by the Florence International Mediation Chamber, hereinafter  FIMC, a branch of the Florence Chamber of Commerce, to resolve civil and commercial international disputes between two or more parties. The resolution of these disputes will be facilitated through the assistance of an independent, impartial and neutral mediator.

This rules shall also apply to all proceedings in which the parties mutually agreed to avail themselves of the FIMC services.

Art. 2) Authorities

The FIMC is administered by a Secretariat, laid by a Manager. Those who operate within the Secretariat must be impartial, never considering the possible merits of the case, nor must they ever perform any legal consultancy activities.

The Secretariat, inter alia:

  1. Shall take care of communicating with the parties and the mediator.
  2.  Shall maintain an individual file for each mediation procedure as well as retain and keep confidential all documents in the record by appropriate methods.

At the FIMC an advisory scientific committee may be established, with the tasks and the operating procedures which are set out in Annex  C) to this rules.

Art. 3) Mediator

A mediator does not impose a solution on the parties to solve their dispute, but rather helps them to resolve it among themselves by seeking a satisfying agreement.

The FIMC provides a list of international mediators, posted on its website. This list may include specialised sections for the management of disputes in specific issues.

Those mediators registered in the list referred to in subparagraph 2 are certified by institutions in the field of mediation who apply assessment programs and evaluation criteria whose standards are equivalent or superior to those provided by the International mediation institute (IMI).

Art. 4) Mediator appointment

The mediator is unanimously appointed by the parties, which may do so from the list referred to in art. 3.

In cases in which the parties are unable to reach an agreement on the name of the mediator, or in the case they request the FIMC to appoint one for them, it will be appointed by the FIMC, which will avail itself of the advisory scientific committee non-binding opinion referred to in art. 2 subparagraph 3, if established. The designated mediator subscribes a declaration of acceptance and impartiality, simultaneously declaring every actual or potential conflict of interest which could reasonably compromise that independence and impartiality. The mediator also declares to adhere to the code of ethics in attachment to this regulation (Annex A).

The FIMC will communicate to the parties the name of the mediator they have appointed, together with the declaration referred to in subparagraph 3. If there are no complaints with the choice of the mediator by the parties, after 10 days the appointed mediator will become permanent.

In cases in which the parties deem it necessary, they can appoint a co-mediator, or ask for the FIMC to appoint one.

Art. 5) Initiation of a mediation procedure

A mediation procedure can be initiated at the request of one or more parties as well as on the basis of a special contractual provision The procedure shall initiate by submitting a request to the Secretariat, using forms available on the FIMC web site.

A request may also be filed jointly by all the parties and shall contain:

  • In a digital format, personal details including addresses of the parties and if relevant, details and addresses of technical experts and consultants.
  • The object of the dispute.
  • The reasons for the claim.
  • The monetary value of the dispute.
  • The mediator’s name or a request for the appointment of a mediator made to the FIMC.

A copy of the identification document of the person signing has to be attached to the request. When filing a request for mediation, the applicant must pay the deposit expenses specified in a special fee schedule. The Secretariat shall proceed with a preliminary investigation of the request.
Should the request be incomplete as to the items specified above, or if the applicant does not pay deposit expenses, the Secretariat shall notify a request for suspension to the applicant and invite them to settle such expenses within 10 days from receiving the notification. If they fail to respond within the designated period, the Secretariat Manager shall close the procedure.
The Secretariat shall send a request for mediation to the invited parties, by any means providing evidence of the time of receipt, and request the parties to reply within 15 days from reception of notification. If the invited party does not reply within 15 days to the receiving of the invitation, this shall be deemed as a refusal to adhere to mediation procedure.

The adhesion notification shall contain:

  • Personal details and addresses of the parties in an electronic format, and if relevant, the personal data of technical experts and consultants.
  • The object of the dispute.
  • The reasons for the claim.
  • The monetary value of the dispute.
  • The mediator’s name or a request for the appointment of a mediator made to the FIMC.

A copy of the identification document of the person signing has to be attached to the request.

All deposit expenses must be paid, according to a fee schedule, upon forwarding of the adhesion form.
Once the adhesion from the invited party is received, the Secretariat shall inform the requesting party.

Each party shall have the right to access to documents contained in the procedure file.

 

Art. 6) Mediation meeting

The mediation meeting shall be held at the FIMC. If the parties communicate to the Secretariat that they want to hold the mediation meeting in a different place selected by them, any additional cost will be at the parties’ expense.

The mediator shall notify the Secretariat about the place, the date and the outcome of the meeting.

Before the mediation meeting, the FIMC may request to each part an advance payment of the mediation expenses. Those expenses are jointly due by the parties who accepted to participate in the proceeding.
If the monetary value of the dispute is not determined or cannot be determined, its value shall be determined by the FIMC by taking into account all of the elements and circumstances which can be gathered from the request or attached documentation, and relevant tariffs shall be applied according to the corresponding reference bracket.
In the event of a considerable difference in the monetary value of the dispute provided by the parties, such value shall be calculated by the Chamber of Commerce on the basis of mathematical average criterion. In this case the parties shall pay the tariff calculated for the corresponding bracket.

The FIMC Secretariat may assign to the parties a time limit within they will have to notify their representatives and consultants’ names which will participate to the meeting. In case the parties and/or the mediator request a preparatory meeting, the FIMC can organize it, before the mediation meeting, with the aim of discussing the modalities of the conduct of the procedure, including the relating timing.

On request of the parties or of the mediator, and in agreement with their requests, the FIMC may appoint a technical consultant, should the parties not have provided one themselves.

The parties agree and commit to bearing any consultant charges equally between them, except if otherwise agreed by the parties.

 

Art. 7) Mediation meeting outcome

The mediation ends in one of the following ways:

  1. with the notify of the mediation meeting outcome by the mediator. In this case, the Secretariat shall notify the parties the termination of the procedure;
  2. with the communication in write of the termination of the procedure by the FIMC, sent to all parties and the mediator, based on a notification of waiver made by at least one of the parties;
  3. with the communication in write of non performing the proceeding by the FIMC due to lack of payment by the parties for more than 15 days from the date the payment obligation arose.

All charges and obligations resulting from the procedure shall be undertaken by the parties.

Art. 8) Confidentiality

The mediation process is confidential and any declaration made during a meeting cannot be recorded nor minutes produced.
As to declarations made and information acquired during separate sessions, if any, and subject to consent of the originator, the mediator, and those who were present at the meeting, shall be required to maintain secrecy with respect to all the other stakeholders, including the parties.
In the same way, the mediator, the parties and all those who participated in the meeting shall not disclose any information acquired during the mediation procedure to third parties.
Therefore, all persons other than the parties or the secretarial staff who will participate in the mediation procedure will have to sign a confidentiality agreement.
In the event of a subsequent judicial proceeding, arbitration or legal action taken by the parties in relation to the dispute after fruitless attempts at mediation, the parties may not use any declaration or information learnt during the mediation process, except in cases of consent by the party from which the information and declarations originate. The parties may not call upon the mediator, secretarial staff or any other person who participated at the proceeding, to testify in court or take a conclusive oath on facts and circumstances they became aware of with regard to mediation procedure.

Art. 9) Fees

Rates are made of both deposit and mediation expenses.

The deposit expenses are due according to Article 5 and they are not reimbursable.

The mediation expenses include the use of the mediation meetings rooms, the assistance of the Secretariat, if requested, and refreshments up to a maximum amount of   € 100,00 per each mediation meeting. At the end of the procedure the responsible shall fix the total amount of the mediation expences, with reference to the corresponding bracket. The total amount will be calculated taking into account, inter alia, the Secretariat’s activities, the request or not to appoint the mediator by the FIMC, the fact that the mediation request has been applied jointly or not and the effective value of the dispute.

Art. 10) Parties’ obligations and responsibilities

The following fall under the parties’ sole responsibilities:

  • The possibility to submit a request with reference to the matter and reasons for the claim; the form and contents of the deed by which a party grant a proxy to its own representative, as per art. 6 of this Regulation.
  • Indication of the monetary value of dispute.
  • Identification of the parties against which the claim is submitted.
  • Indication of the addresses to be used for any communication to parties called upon for mediation.

The Florence Chamber of Commerce shall in no event be deemed liable for any forfeiture or limitation due to:

  • Failure to notify or late notification with regard to obligations not falling under the responsibility of FIMC.
  • Inaccurate, incorrect identification or failure to identify the object of the claim and the protected rights by the applicant.

In both cases, the parties shall be held solely responsible. In order to interrupt annulment or prescription periods, the applicant shall have the possibility to notify, at its own charge, the filing of a request for mediation.
Furthermore, the FIMC and the Chamber of Commerce shall in no event be deemed jointly liable with the parties for any expenses they have to pay to the mediator or technical consultant.
Annex A) Code of Ethics for mediators

Annex B) Mediation clause

Annex C) Rules of the scientific commettee

 

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