On the other hand, mediation is an attractive alternative if one of the following priorities of one or both parties is important: it is possible to combine mediation and arbitration. In this case, the dispute is first submitted to mediation according to the WIPO Mediation Rules. In the absence of an agreement within a specified period of time (it is recommended that the parties provide either 60 or 90 days) or if a party refuses to participate in or continue to participate in the mediation, the dispute is submitted to a binding decision by arbitration under the WIPO Rules (or, if the parties agree, by an expedited arbitration procedure). The advantage of the combined procedure is the incentive it provides for a bona foi commitment by both parties to the mediation procedure, since the consequence of a failure of an agreement on the financial and management commitment that should be made in the subsequent arbitration is more measurable. For parties for whom mediation is a new procedure and who question the benefits of mediation, two factors may be duly taken into account: the accountant`s report was prepared on 23 July 2009, but the claimant refused to pay the amount due to the defendant, in particular because he argued that different invoices had not been taken into consideration. The complainant then proceeded to a procedure for the closure and, if necessary, rectification of the mediation contract. After three days of hearing, the judge dismissed the complaint. These rules have the following main functions: The WIPO Mediation Rules (Article 25) provide that the mediation costs (administrative costs of the Center, the costs of the Mediator and all other mediation costs) are borne equally by the parties. The parties are free to agree on a change in this allocation of costs.
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