What is the main difference between mediation and arbitration?
The main difference between mediation and arbitration is the fact that arbitration leads to an enforceable decision whereas mediation ends by an agreement between the parties that is not enforceable.
We therefore draw the parties attention on the voluntary character to execute the agreement found.
What is the main difference between mediation and mini-trial?
The main difference between mediation and mini-trial is due to the difference in the composition of the mini-trial committee, in which the Chairman can lead the discussions directly with two of the representatives of the parties in order to reach an agreement. The fact that the Chairman is habilitated to consult individually with each of the representatives also constitutes a major difference with the proceedings organized for mediation.
How much does a CEPANI mediation procedure cost?
The costs for a mediation procedure include, on one side, the fees and costs of the mediator, and on the other side, the administrative costs of the Secretariat of CEPANI, that amount to 10% of the fees and costs.
On receipt of the request for mediation, CEPANI asks the parties concerned to settle, within the month, the advance on mediation costs. The advance is determined on the basis of a mediation scale, in accordance with the amount in dispute. The advance is due from each party in equal parts.
It is important to know that CEPANI will not proceed to the nomination of the mediator until the advance on mediation costs has been fully paid.
How is the advance on mediation costs determined?
For example: a mediation procedure of a value of 250.000,00 EUR is introduced:
The advance for mediation costs can be determined as follows:
Scale applicable: 100.001 to 500.000 EUR
Minimum: 1.500 EUR + 0.75% of the amount exceeding 100.000 EUR
1.500 + 0.75% of (250.000-100.00)
1.500 + 0.75% of 150.000
1.500 + 1.125
Maximum: 3.000 EUR + 0.75% of the amount exceeding 100.000 EUR
3000 + 0.75% of ( 250.000 – 100.000)
3.000 + 0.75% of 150.000
3.000 + 1.125
Advance for the fees kept 3.500 EUR
10 % of the advance on the fees, thus, 350 EUR, increased with 21 % VAT (73,50 EUR)
Total advance on mediation costs: 3.923,50 EUR
Does CEPANI have a list of registered or approved mediators?
No, CEPANI does not work with a list of registered or approved mediators.
When a mediator is appointed, the Appointments Committee or Chairman analyses for each case, which is the most qualified person to intervene for the mediation. In order to do so, he takes into account the nature of the dispute, the language of the case, the qualifications and availabilities of the mediator, whether the case is urgent or not, the importance of the dispute, etc. CEPANI can call on the skills of a number of renowned mediators.
If you wish to apply to become a mediator for a CEPANI mediation, please fill out the curriculum vitae that you can find on our website and send it back to the Secretariat of CEPANI. It is important that you mention if you have taken part in any colloquiums, trainings or seminars dedicated to mediation.
Does CEPANI organize trainings in mediation?
Up until now CEPANI has not organized such trainings.