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01Mediation

Mediation

A voluntary and confidential process in which an independent mediator helps the parties to a dispute find an amicable solution. The International Arbitration Court in Prague administers mediation proceedings under its own Mediation Rules — from receipt of the request, through appointment of the mediator, to the management of the hearings.

02What mediation offers

What mediation offers

Mediation is structured negotiation with the participation of an independent third party — the mediator. The mediator does not decide, judge or recommend a solution. The mediator facilitates communication so that the parties may negotiate the settlement themselves.

Three principles of mediation

Voluntariness — parties enter and exit mediation at any time.

Confidentiality — everything that is said in mediation is excluded from subsequent arbitration or court proceedings.

Neutrality — the mediator does not represent any party and has no interest in the outcome.

03When to choose

When to choose mediation

What disputes suit mediation

Commercial disputes between contracting partners who wish to continue their cooperation. Commodity transactions where speed prevails over procedural victory. Multi-party disputes with more than two parties. Disputes with an international element, where enforcement of a decision abroad may be lengthy.

What mediation saves

Weeks instead of years. A fixed tariff instead of open-ended legal costs. A preserved business relationship instead of a court precedent.

04How it works

How mediation works at PRIAC

  1. Request for mediation — a joint request, or a Notice from one party delivered to PRIAC with the fee under the Tariff.
  2. Notification of the parties — PRIAC forwards the request to the other parties and explains the advantages of mediation.
  3. Appointment of the mediator — the parties propose jointly; otherwise PRIAC appoints.
  4. Mediation hearing — informal, confidential, conducted by the mediator; the parties determine the venue and language.
  5. Mediation agreement — a written outcome; it may be notarised as a directly enforceable title.
05Clauses

Model mediation clauses

PRIAC publishes four types of mediation clauses for contracts:

Obligation to consider mediation — the parties attempt mediation before commencing a dispute.

Obligation to use mediation — mediation is a mandatory condition before arbitration.

Mediation with parallel arbitration option — the parties mediate, but arbitration proceedings may run in parallel.

MED-ARB — a hybrid clause: mediation first, with arbitration automatically following in case of failure.

The full text of the clauses is available in the document Model Mediation Clauses in the Rules and Procedure section.

Want to use our mediation services?

No registration, no prior agreement. A mediation clause in the contract or an agreement concluded after the dispute has arisen is sufficient.

Mediation rules and tariff →Contact the Secretariat →