Article 1
Scope of the Rules

All disputes, whether local, national, or international, may be referred to Mediation under these Rules. The provisions of these Rules may be modified by agreement of all of the parties, subject to the approval of ADRO.

Article 2
Starting the Mediation Process

A - Where there is no agreement, such as a contract clause, to refer disputes to ADRO under these Rules:

1. Where there is no agreement, such as a contract clause, between or among the parties to refer their disputes to these Rules, any party or parties wishing to start the Mediation process under the Rules shall send to ADRO a written Request for Mediation, as set out in Appendix 1, which shall include:

1. the names, addresses, telephone and facsimile numbers, and e-mail addresses of the parties to the dispute, and of their authorized representatives or attorneys, if any;
2. a description of the dispute including, if possible, the amount or value that is in dispute; and
3. the registration fee for the Mediation process, as set out in Appendix 5.
   
   [Note to Reviewers: Subsection (c) is OPTIONAL depending on ADRO Committee decisions on Article 11, Costs and Fees.]
   

The Request for Mediation may also include any proposal regarding the qualifications of a Mediator and may propose a Mediator or a list of Mediators that would be qualified to serve as the Mediator in the Mediation of the dispute.

2. ADRO shall promptly inform the other party or parties in writing of the Request for Mediation. Such party or parties shall be asked to inform ADRO in writing, within 15 business days (not counting weekends or national public holidays) after receipt of the Request for Mediation, as to whether they agree or decline to participate in the Mediation process. In the former case, they may provide any proposal regarding the qualifications of a Mediator and may propose a Mediator or a list of Mediators that would be qualified to serve as the Mediator in the Mediation of the dispute. Thereafter, all of the parties may jointly designate a Mediator or may agree upon the qualifications of a Mediator to be appointed by ADRO. In either case, the parties shall promptly notify ADRO of their Mediator designation or their agreed-upon Mediator qualifications.

3. In the absence of any reply within such 15-day period, or in the case of a negative reply, the Request for Mediation shall be deemed to have been declined and Mediation proceedings shall not be commenced. ADRO shall promptly so inform in writing the party or parties that filed the Request for Mediation.

B - Where there is an agreement, including but limited to a contract clause, to refer to the Rules:

1. Where there is an agreement, including but limited to a contract clause, between or among the parties to refer their dispute to these Rules, any party or parties wishing to commence the Mediation process under these Rules shall send to ADRO a written Request for Mediation, as set out in Appendix 2, which shall include:

1. the names, addresses, telephone and facsimile numbers, and e-mail addresses of the parties to the dispute and of their authorized representatives or attorneys, if any;
2. a description of the dispute including, if possible, the amount or value that is in dispute;
3. any joint designation by all of the parties of a Mediator or any agreement of all of the parties upon the qualifications of a Mediator to be appointed by ADRO;
4. a copy of any written agreement under which the Request for Mediation is made; and
5. the registration fee of the Mediation process, as set out in Appendix 5.
   
   [Note to Reviewers: Subsection (e) is OPTIONAL depending on ADRO Committee decisions on Article 11, Costs and Fees.]

2. Where the Request for Mediation is not filed jointly by all of the parties to the dispute, the party or parties filing the Request for Mediation shall simultaneously send the Request for Mediation to the other party or parties. Such Request may include any proposal regarding the qualifications of a Mediator and may propose a Mediator or a list of Mediators that would be qualified to serve in the Mediation of the dispute. Thereafter, all of the parties may jointly designate a Mediator or may agree upon the qualifications of a Mediator to be appointed by ADRO. In either case, the parties shall promptly notify ADRO of their Mediator designation or their agreed-upon Mediator qualifications.

3. ADRO shall promptly acknowledge receipt of the Request for Mediation in writing to the parties.

C. For situations, as described in section B of this article, where ADRO appoints the Mediator for a given dispute or where a party asks ADRO for a list of Mediators, ADRO or its designated committee has the authority to periodically select Mediators to be placed on or removed from an ADRO-maintained, public roster of Mediators (“Roster”). Under such authority, ADRO or its committee shall select for any such Roster only persons whom ADRO determines have at least the minimum, necessary qualifications for a Mediator so selected. These qualifications (“Qualifications”) will become part of the Manual. At ADRO’s discretion, the Roster may identify Mediators by subject matter expertise. Any party may ask ADRO for a copy of the Roster, if ADRO has established the Roster and continues to maintain the Roster. The Roster will become part of the Manual.

[Note to Reviewers: The assumption in Article 3 is that ADRO will issue its qualification and roster procedures at a later date. When issued, those procedures would become part of the Manual. Right after the Appendices in this document, you will find draft qualifications and roster procedures.]