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Onde você está: Mediation Center of ABPI | Presentation

MEDIATION AT THE ABPI CENTER OF MEDIATION


The CMed-ABPI is the Mediation Center of ABPI (Brazilian Intellectual Property Association). ABPI is a nonprofit association specialized at the study of Intellectual Property, notably patent, trademark, competition and copyright laws, as well as technology transfer, franchising and other related fields. As a highly recognized nongovernment organization, ABPI offers a select group of mediators specialized in those areas, which have a wide capacity to assist the interested parties in solving a dispute in Intellectual Property issues.

The party or parties wishing to commence a mediation under the CMed-ABPI Rules shall send to CMed-ABPI a written Request, which shall include the names as well as the physical and email addresses of the parties to the dispute and their authorized representatives. The party or parties can choose between making the Request online at the website of the Center (www.csd-abpi.com.br) or sending it by mail, e-mail or fax.

The CMed-ABPI will contact the parties to determinate date and time for a pre-mediation session whose realization is mandatory and precedes the commencement of formal mediation. The pre-mediation is an informative interview about the mediation proceeding. At this meeting, a mediator will present the objectives and operation guidelines of a mediation at CMed-ABPI, providing the parties the opportunity to clarify doubts and concerns related to the subject. Participation of a party in the mediation is always voluntary.

The pre-mediation session will be conducted by a mediator from the CMed-ABPI Mediators List (available at www.csd-abpi.com.br) appointed by the Center or selected by the parties. If the parties agree to proceed with mediation, the parties may choose one or more mediators (selected from CMed-ABPI Mediators List or as an external mediator). In case no agreement is reached, the mediator shall be appointed by the Center.

The mediator selected by the parties may be the same that conducted the pre-mediation session. If the parties select a mediator that is not in CMed-ABPI Mediators List, the selection will have to be approved by the Center.

Once a mediator has accepted appointment and confirmed his or her impartiality and independency, the CMed-ABPI will contact the parties and the mediator to schedule the first meeting within twenty days of the confirmation.

At the mediation session, the parties, their attorneys and other representatives, if applicable, and the mediator will sign the Terms of Mediation, which shall contain:
    a) the names of the parties and of their attorneys, if any, and of the mediator;
    b) the place and the language of the mediation;
    c) the scope of the mediation, even if subject to change during the proceeding;
    d) the rules for conduct of the mediation;
    e) the costs and the responsibility for the payment of fees and costs;
    f) the preliminary calendar of the meetings;
    g) the confidentiality agreement.
The mediation shall be conducted as agreed by the parties. Therefore, the duration of the mediation varies in each case. Nevertheless, in order to preserve the expedite nature of the mediation, the CMed-ABPI has established the maximum of a hundred and eighty days for the proceeding. The term can be extended by agreement of the parties, their attorneys and the mediator.

The mediation under the CMed-ABPI Rules terminates with: (a) the signing by the parties of a settlement agreement, which can be a total or a partial solution to a dispute; (b) the notification by any of the parties of a decision no longer to pursue the mediation proceeding; or (c) the notification by the mediator to the parties if he or she understands that the mediation should be discontinued.

The commencement of the proceedings is subject to payment to the Center of an administration fee (R$ 1,000 or around US$ 450) plus the pre-mediation fee (R$ 2,000 or around US$ 900). The administration fee is due every six months during the time the mediation takes place. The administration and pre-mediation fees are not refundable.

The fees of the mediator shall be calculated on the basis of the hourly rate of R$ 500 (around US$ 225) and shall be prepaid by the parties as fixed by the Center. If the mediator selected by the parties is not in the CMed-ABPI Mediators List, the fees payable by the parties shall be as fixed by the mediator, upon consultation with the parties. The parties are also requested to establish an advance expense fund of R$ 400 (around US$ 180) to meet out-of-pocket expenses.

Lastly, if the pre-mediation session or the mediation meetings take place elsewhere than the Center facilities, or if the mediator, by reason of his domicile, has to travel, the parties shall advance payment of all related costs.

The CMed-ABPI Mediators List, which can be consulted by clicking here.