The parties may attend the mediation sessions by themselves, without the need for an attorney to represent them. Mediation, unlike a Court trial, where legal representation prevails, is developed considering the leading role of the parties and their personal appearance in the process, without prejudice to the advice of their lawyers. Therefore, it is recommended, to the extent possible, to attend the first hearing, with the people directly involved in the conflict, accompanied by their lawyers, who will help them negotiate and make an informed decision regarding their rights and legal obligations.

Mediation is a process of dialogue and therefore consists of stages that unfold in succession. The mediator, depending on the type of conflict, may hold joint or individual hearings. In general terms, in the first stage, the mediator will inquire the interests of the parties, the objectives and the alternatives of each party. This elements will be analyzed to finally propose the different alternatives to reach an agreement. The CAM Santiago has Rules of Mediation, which establishes the rules according to which  the processes will carry out, and a Code of Ethics, where the guiding principles of the mediation procedure are found. It is important to keep in mind that any questions that may arise about the process can be directed to the mediator, who will help resolve the parties' concerns. No decision during the mediation process will be adopted, without the mediator confirming that the parties have all the necessary information to take it.

Once the parties have reached an agreement, the parties and the mediator will write a document that sets the rights and obligations that each of them assumes within this agreed solution. If the parties wish, this document will be transcript into a public deed, taking the form of a transaction contract, or another figure, depending on the need of the case. It is important to note that, in Chile, for a transaction to be considered as an enforceable instrument, it must be formalized in a public deed.

  The CAM Santiago has constantly followed the process of negotiations of the United Nations Convention on International Settlement Agreements Resulting from Mediation. The text of the Convention was adopted by the United Nations General Assembly on 20 December 2018 (A / RES / 73/198) and Chile signed the Convention along with 46 other States on 7 August 2019. Chile has not yet ratified the Convention, due to the fact that although the signature is an exclusive attribution of the President of the Republic (article 32 N ° 15 of the Political Constitution of the Republic), the Executive must send a project to be approved by the Chilean Parliaments (article 54 of the Chilean Constitution) as a prior step to depositing the instrument of ratification with the United Nations.

Our objective is to offer the community a highly qualified, efficient and effective mechanism aimed at the prevention and early resolution of disputes, in medium to long-term execution projects with high technical content, as well as contributing to the promotion of a culture of collaboration and dialogue whenever carrying out business.

Our Dispute Board Regulations cover Dispute Review Boards (DRB), Dispute Adjudication Boards (DAB) and Combined Dispute Boards (CDB). The DRBs provide early informal assistance to discrepancies or disputes and issue Recommendations related to them. Upon receiving a Recommendation, the parties may voluntarily abide by it. The DABs provide early informal assistance in discrepancies or conflicts and issue Decisions related to them. A Decision is binding on the parties from the moment it is received and is understood to be part of the contract. The parties must comply without delay even if there is a manifestation of disagreement. The CBDs provide early informal assistance in disputes or controversies and issue Recommendations or Decisions.

The CAM fulfills three essential functions for the proper functioning of the system. First, it has the authority to appoint the members of the Dispute Board, in the event that the parties fail to reach agreement on such members or on the Chairman of the Dispute Board within the periods established in the Regulations or in the contract. Second, the CAM resolves conflicts that arise over the requirements of impartiality and independence of the members of the Dispute Board and about their fees. Third, the CAM must keep an updated version of the Rules and standard clauses available to the public, along with a list of experts to be nominated and offer its facilities and infrastructure for the development of hearings and other actions that are requested.

The parties may agree to the application of the Dispute Boards Regulation through a clause in the contract or through any expression of will to this effect quoted in a subsequent agreement. In the referred agreement, the parties must establish whether the Dispute Board is a DRB, a DAB or a CDB. If the parties do not indicate anything about it, it is understood that a DRB was agreed.

According to Christopher Koch, the first Dispute Board was implemented in 1975 at the Eisenhower Tunnel Project in Colorado (United States) and the first international use of a Dispute Board took place at the El Cajon Dam Project in Honduras in 1981.

In use of the powers and duties conferred by Article 18 N ° 4 of DL 211 issued on the 12 of March of 2020, in its Proposal for Normative Modification N ° 20/2020 (ERN 26–2018) on the Regulation for Contracts of Public Works, the Competition Court suggested to the President of the Republic, via the Chilean Minister of Public Works, the dictation or modification of the legal or regulatory precepts related to the bidding of public works’ contracts, including the recommendation to incorporate an early dispute resolution mechanism between the client and the winner of the contract.