The OHADAC project is co-financed by the European Regional Development Fund under the auspices of the INTERREG CARAÏBES programme
Mediation is an alternative dispute resolution method that allows two entities in conflict to overcome their dispute by appointing a neutral third party.
This neutral third party is not a judge. The procedure is not contentious, rather it is an “amicable” procedure, which is an alternative to a trial.
In the context of his/her mission, the mediator is subject to a strict confidentiality standard with regard to the arguments, positions and documents exchanged during this procedure.
Mediation is a winning technique in many ways: by avoiding litigation, it saves time and significant financial costs.
It is also a flexible technique: the mediator must respect the parties' expressed preferences regarding the conduct of the process; time limits and frequency of meetings.
Mediation also preserves business relationships which are often compromised by the start of a lawsuit. By bringing a new and neutral perspective to the difficulties faced with your business partner(s), mediation often gives a second wind to your activities.
The Centre appoints the mediator best suited to assist you, in light of the characteristics of your dispute.
In order to make this designation, the Centre considers the issues raised by your dispute, any language skills required, and your time constraints.
The Centre is also responsible for the financial management of the mediation. The mediator's fees are paid to the Centre by the parties. The Centre then uses these funds to pay the mediator's fees in the course of the implementation by the mediator of his mission.
Finally, the Centre oversees the smooth running of the mediation process, keeping in mind the time constraints of the parties and the applicable deontology. If necessary, it may proceed in replacing the mediator.
Parties wishing to benefit from the Centre's mediation services may refer the matter to the Centre in two ways:
(i) Insert a mediation clause in the contract at its initial drafting, based on the following model:
All disputes arising out of or in connection with the present contract, including disputes relating to its validity, its interpretation, its enforcement or its termination, shall be settled by mediation under the Mediation Rules of the OHADAC Regional Arbitration Centre (the “CARO Centre”).
(ii) Expressing agreement to refer the matter to the Centre when the conflict arises
The parties may decide to entrust their dispute to the Centre even if there is no mediation clause in their contract. In this case, and in accordance with the OHADAC Mediation Rules, one of the parties refers the dispute to the Centre and provides the Centre with the identity and contact details of its contractual partners.
The Centre's Secretariat then promptly contacts these partners to verify that they consent to the initiation of a mediation procedure between them.
Once this confirmation has been given, the mediation procedure can begin.
The schedule of costs for mediation services provides for the cost of a mediation procedure according to the amount at stake.