Mediation Rules 2024 of the Finland Chamber of Commerce

1. SCOPE OF APPLICATION

1.1 When the parties agree to settle any dispute by mediation under these Mediation Rules, this will be deemed to mean that the parties wish the FAI to administer the mediation and the Mediation Rules are part of the agreement to mediate. The parties may agree to deviate from the Mediation Rules for their particular case. However, the FAI may decline to administer the mediation if it considers that these deviations to the Mediation Rules are not compatible with the characteristics of FAI Mediation and the Mediation Rules.

1.2 Unless the parties have agreed otherwise, the Mediation Rules as in effect on the date of the commencement of the mediation as defined in Article 3 shall apply.

2. REQUEST FOR MEDIATION

2.1 The party or the parties wishing to initiate mediation under the Mediation Rules shall submit a Request for Mediation to the FAI.

2.2 The Request for Mediation shall contain the following information:

• (a) the names and contact details of the parties and of their counsel, if any;


• (b) a copy of the mediation agreement under which the dispute is to be settled, if there is a written agreement of the parties to refer the dispute to mediation under the Mediation Rules, or a description of any other type of understanding between the parties to resort to FAI Mediation;


• (c) a brief description of the matter including, if possible, an assessment of the monetary value at stake;


• (d) any joint nomination by all of the parties of a mediator or, in the absence of a joint nomination, any agreement or proposal as to the qualifications of the mediator to be appointed by the FAI;


• (e) description of any time limits for conducting the mediation; and


• (f) proof of payment of the Filing Fee prescribed in Article 1 of Appendix I.

2.3 If the parties have agreed on the language of the mediation, the Request for Mediation shall be submitted in that language. In the absence of such agreement, the Request for Mediation shall be submitted in the language of the parties’ contract that is subject to dispute.

3. DATE OF COMMENCEMENT OF MEDIATION

FAI Mediation shall be deemed to have commenced on the date on which the Request for Mediation is received by the FAI, regardless of whether it is received in a hard copy or in electronic format.

4. ANSWER

4.1 Where the Request for Mediation is not submitted to the FAI on behalf of all the parties to the matter, the FAI shall transmit a copy of the Request for Mediation to the other party or parties not having requested mediation for an answer (the “Answer”).

4.2 The Answer shall state whether the party consents to FAI Mediation and may contain other comments concerning the Request for Mediation, including any comments as to the proposal for a mediator or qualifications of the mediator to be appointed.

4.3 If any of the parties objects to FAI Mediation or does not submit a response within 15 days from the date on which it received the Request for Mediation, or within such additional time as may be reasonably determined by the FAI, the FAI may declare that the mediation has terminated.

5. APPOINTMENT AND CONFIRMATION OF THE MEDIATOR

5.1 FAI Mediation shall be conducted by one mediator, unless otherwise agreed by the parties.

5.2 The parties may jointly nominate the mediator for confirmation by the FAI within 15 days from the date on which the Request for Mediation was received by the other party or all parties or within such additional time as may be agreed by the parties, or failing such agreement, as may be reasonably determined by the FAI.

5.3 If the parties’ agreement provides that several mediators are to be appointed, the parties may jointly nominate any or all of the mediators for confirmation by the FAI within the said time.

5.4 At the request of the parties, the FAI may propose prospective mediators for the parties to consider.

5.5 Where the parties do not jointly nominate a mediator or the mediators, the FAI shall make the appointment. The FAI will make all reasonable efforts to appoint a mediator or mediators that meet the qualifications agreed or proposed by the parties.

5.6 All nominations of mediators are subject to confirmation by the FAI. The appointment of any mediator shall become effective only upon such confirmation.

5.7 The FAI may decline confirmation of a nomination only if the prospective mediator fails to fulfill the requirements of impartiality and independence set forth in Article 6.1, or if the prospective mediator is otherwise unsuitable to serve as mediator. The FAI has no obligation to give reasons for its decisions.

5.8 Where the FAI declines confirmation, it may appoint or confirm another mediator if requested to do so by the parties.

5.9 If a party objects to a mediator appointed by the FAI, the FAI may, upon the request of the parties, appoint another mediator or propose other prospective mediators to the parties.

6. IMPARTIALITY AND INDEPENDENCE OF THE MEDIATOR

6.1 Each mediator shall be and must remain impartial and independent of the parties throughout the entire duration of the mediation proceedings.

6.2 Before appointment or confirmation, a prospective mediator shall sign and submit to the FAI a statement of acceptance, availability, impartiality and independence (the “Statement”). The prospective mediator shall disclose in the Statement any circumstances likely to affect their availability or to give rise to justifiable doubts as to their impartiality or independence.

6.3 The FAI shall transmit a copy of the Statement to all parties and set a time limit within which they may submit comments on the Statement or object to the appointment of the mediator.

6.4 A mediator shall promptly disclose in writing to the FAI, the parties and the other mediators any circumstances referred to in Article 6.2 that may arise during the course of the mediation.

7. REFERRAL OF THE MATTER TO THE MEDIATOR

7.1 The FAI shall transmit the case file to the mediator as soon as the mediator has been confirmed in accordance with Article 5.6 and the Filing Fee referred to in Article 1 of Appendix I and the advance on costs referred to in Article 14 have been paid.

7.2 The FAI will invite the mediator to promptly contact the parties to agree on the conduct of the mediation, as described in Article 8.

8. CONDUCT OF MEDIATION

8.1 Subject to these Mediation Rules and any agreement by the parties, the mediator shall conduct the mediation expediently and in such a manner as he or she considers appropriate, having regard to the preferences of the parties.

8.2 After consulting with the parties, the mediator shall record in a written note the general manner in which the mediation shall be conducted and communicate the note to the parties.

8.3 The mediator shall keep the FAI informed about the timetable of the mediation.

8.4 The mediator shall treat all parties fairly and equally.

8.5 All participants in FAI Mediation shall act in good faith and make their sincere efforts to reach an amicable settlement in the matter.

8.6 By agreeing to mediate under the Mediation Rules, the parties undertake to be represented by party representatives who have sufficient authority to settle the matter. The party representatives may, but are not required to, be assisted by counsel. Any other persons may participate in the mediation sessions subject to the consent of all parties and the mediator.

8.7 Unless the parties have agreed otherwise, the mediator may arrange confidential private meetings and/or discussions (caucus) with one or more parties without other parties being present. The parties may also request a caucus session with the mediator. The mediator shall not disclose to the other parties information that the mediator has obtained in such private meetings and/or discussions, unless the disclosing party has given its consent authorizing such disclosure.