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ICT-MEDIATION
CEPANI launches specific mediation rules in the field of information and communication technology. CEPANI can play a remarkable role in the ICT field. Above all because the ordinary courts have certain shortcomings that do not fit ICT procedures, for example, the exaggerated duration of the procedures... Secondly, an expert is almost always appointed; his mission is often too broadly described. Finally, courts do not have the possibility to give a totally satisfying solution. Indeed they can't reestablish the unbalance that can exist between parties by reviewing the general conditions of the contract. Mediation is perfectly suited for the ICT sector. It allows parties to find a rapid, efficient, solution to their dispute aided by an independent third party, the mediator, all this in a pleasant atmosphere without jeopardizing the professional relations. The main feature of CEPANI's ICT rules is the rapidity and flexibility of the procedure. The rules provide for very short deadlines upon receipt of the request for mediation: seven days to introduce an answer to the request and seven days for the appointment of the mediator. Furthermore, the request for mediation and the answer, along with all further communications during the procedure can be done by e-mail. The procedure is followed closely by the CEPANI secretariat. The rapidity of a mediation procedure largely depends on the competence and efficiency of the appointed mediator. Following the CEPANI mediation rules, parties can propose themselves the mediator, or they can leave it up to CEPANI who possesses a list of experienced ICT-mediators. Also, several mediators can be appointed, for example a company lawyer and a technical expert. The appointed mediator can be assisted by experts that analyze a certain aspect that can arise during the procedure. Parties are informed in advance on the wages of the appointed mediator and the costs to expect for the procedure. Finally, one must note that the agreement found by the parties can be ratified by the courts if the mediator appointed has been recognized by the Federal Mediation Commission (www.mediation-justice.be).