Mediation

Article 1 Purpose.

The purpose of these Regulations is to establish the principles, rules and procedures governing mediation, in order to provide a regulatory framework that allows the development of a transparent and effective process for the parties, promoting communication, cooperation and the search for mutually beneficial solutions. These Regulations specify, among other aspects, the manner in which the process shall be developed, the functions of the mediator, the rights and responsibilities of the persons involved.

Article 2 Scope of application.

The Regulations shall apply to civil and commercial controversies and any other matter of legal relevance susceptible of self-composition, which are submitted to the knowledge of the mediators of CAM Santiago, without prejudice to the express use of this denomination or another of similar meaning, in accordance with the law, the respective mediation clause or on a voluntary basis.

Article 3º Modification of the Regulations by the parties.

The parties may only make modifications to the rules of these Rules by mutual agreement, in all matters that are not contrary to the nature of the mediation process and the applicable regulations. CAM Santiago may decide not to administer the procedure if, in its opinion, it considers that the modification does not conform to the spirit of the Rules.

Article 4º Definitions.

For the purposes of this Regulation, the following definitions shall apply:

a.- Mediation: Collaborative mechanism for the resolution of conflicts of legal relevance, whereby an impartial third party, who has no decision-making power, conducts a confidential communication process between the parties, with the aim of reaching a mutually satisfactory agreement to resolve the dispute.

b.- Mediator2: Professional appointed by mutual agreement of the parties or by CAM Santiago as a third party, qualified to intervene in the dispute submitted to mediation and whose function is to impartially conduct the procedure, promoting dialogue and the satisfaction of the interests of all parties.

c.- Conflict subject to mediation before CAM Santiago: Dispute in which the main content of the claim of one or both parties derives from a legal relationship and which is linked to the interpretation, execution, fulfillment or validity of the obligations and rights of the parties.

d.- Party: Natural person, legal entity and any legal entity with capacity to be a party, whose interests are affected by the conflict, being holders of the actions that the law recognizes for its resolution. The person or legal entity appears through whoever has been invested as its representative in accordance with the legal or statutory regime of the respective company, enterprise or organization.
e.- Agent: A person who, by decision of the party, is legally authorized to appear on its behalf in the management and defense of its interests, whether or not he/she is a lawyer.
The agents will require special power to mediate, granted by public or private instrument authorized before a Notary Public, with express powers to compromise, perceive and waive legal actions.

f.- Advisor: Person who, without having the quality of agent, accompanies and assists the party in the resolution of the conflict by means of technical, legal or commercial orientation.

g.- Staggered mediation-arbitration clause: Written agreement by which the parties establish that their controversies will be resolved through a mediation process, which in the event of concluding without agreement will be submitted to arbitration.

h.- Mediation Unit: Regardless of the name assigned to it, it refers to the specialized work team, whose essential function will be to administer the mediation service in application of these Rules.

i.- List of Mediators: List of professionals that make up the body of mediators of CAM Santiago, with specialized training in mediation.

j.- Council: The governing body of CAM Santiago which, in accordance with its bylaws, is appointed by the Board of Directors of the Santiago Chamber of Commerce.

k.- Expert or expert: Specialist in a science or art who is summoned to the mediation process to issue an independent opinion on scientific, technical or specific aspects of the dispute.

l.- Confidentiality agreement: Expression of will of the parties and other participants in the mediation by which they agree to respect the secrecy or confidentiality of the process.

m.- Declaration of availability, independence and impartiality: Communication of the mediator by which he/she declares that he/she can assume the mediation dedicating the necessary time to conduct it until its completion, and his/her condition of independence and impartiality regarding the case for which he/she has been appointed, either because there are no antecedents that put in doubt his/her independence and impartiality, or because if there are, he/she discloses them so that the parties have the possibility of disqualifying him/her.

n.- Facilitation: Stage of the procedure in which the parties are summoned to participate in the mediation, providing information about its structure and advantages through the means that CAM Santiago considers suitable for the efficiency of the process.

ñ.- Mediation session: Structured meeting between the mediator and one or more parties through which the mediation process is developed.

o.- Minutes of agreement: Instrument in which the parties freely and voluntarily record the total or partial resolution of the mediated conflict. The agreement may also be formalized in the manner deemed necessary by the parties.

p.- Certificate of termination: Document that certifies that the process has ended with respect to the conflict submitted to mediation without agreement, stating the persons who have participated, the date and the cause of termination.

Article 5 General principles of mediation.

The institutional mediation processes administered by CAM Santiago will be governed by the following principles:

a.- Voluntariness.

Mediation is a process that requires the free and informed consent of the participants. During the course of the mediation, any of the parties may withdraw from the mediation by communicating their decision in writing to the mediator.

It is also a condition of the process that the parties have the capacity to freely and validly express their will and to know the effects of their participation and of the adoption of agreements.

The mediator will respect the self-determination of the parties to resolve the dispute, and the agreement must be the product of the manifestation of their wills.

b.- Independence and impartiality.

The mediator shall be independent and impartial with respect to the parties and the dispute during the entire proceeding, which shall be recorded in a statement to be made known to the parties.

Any lack of independence and impartiality affecting the mediator at the time of appointment or supervening during the mediation proceedings shall be disclosed, without prejudice to the right of the parties to promote the grounds for disqualification established in these Rules.

The mediator shall refrain from making value judgments on the interests of the parties with respect to the dispute, and shall avoid giving advice or counsel on its resolution. However, when the parties expressly grant him conciliatory powers, the mediator may propose settlement bases to help them resolve their differences in an equitable manner.
c.- Balance of power or equality.

Throughout the development of the mediation, the mediator in charge of the case will ensure that the parties receive equal treatment, and participate in the process on equal terms, with sufficient information to make decisions. None of the parties may be subject to arbitrary discrimination for reasons of race, religion, nationality, sexual orientation, gender, political ideology, or any other condition.

d.- Protagonism of the parties.

The mediator shall promote the direct participation of the parties to the conflict so that their interests are understood and considered in the process, without prejudice to the assistance of agents and advisors.

The mediator will promote that the parties are the ones who formulate the proposals of agreement that will be negotiated during the process.

e.- Confidentiality.

The mediation process is totally confidential. The actions, communications, opinions, proposals, offers, or statements, whether written or verbal, expressed by the parties, their representatives or advisors, are confidential and may not be recorded by any means of reproduction or be disclosed by the participants to third parties.
The work of CAM Santiago and its officials will be reserved with respect to the mediation processes, including the internal and administrative actions that are developed on the occasion of the processing, with the exception of the certifications that are appropriate.

The mediator may not communicate to one of the parties what the other party has confided to him/her in private session, unless he/she has express authorization to do so. Likewise, he/she must keep confidential all information to which he/she has access during the mediation process, with the exception of those cases in which he/she cannot legally rely on professional secrecy or when, having been compelled by the courts, his/her refusal to provide the required information constitutes a crime.

The agreement reached between the parties does not have the character of reserved, unless they so agree in writing in those cases in which its publicity is not a legal requirement or does not constitute a necessary condition for the execution of the agreement.

The parties and any other participant in the process are prohibited from invoking or incorporating the information obtained in the mediation as evidence in a judicial, arbitration or administrative proceeding.

The data that are freely available to the public and the documents obtained from a public record do not acquire the character of reserved by the fact of having been used or exhibited in the mediation process.

Notwithstanding the foregoing, CAM Santiago may always use the data of the mediation processes for statistical or study purposes, maintaining the anonymity of the parties.

f.- Good faith.

The parties shall act in good faith throughout the process, providing the mediator with all the necessary information to conduct the mediation efficiently. The mediator shall avoid any improper use of the mediation that may result in delays or prejudice to the rights and legitimate interests of the parties.

Article 6 Forms of communication.

All communications to be made in connection with the mediation process shall be made by the means that CAM Santiago deems most suitable to expedite the process, and shall be duly recorded in the processing records.

Article 7 Computation of deadlines.

All deadlines established in these Regulations shall be working days and shall begin to run on the working day following the date of the respective communication. Saturdays, Sundays, holidays and those days on which the procedure is suspended in accordance with Article 27 of these Regulations are non-business days.

Article 8 Language.

The mediation shall be conducted in Spanish, unless the parties by mutual agreement request before the appointment of the mediator that it be conducted in another language, in which case they shall assume the additional costs involved.

[2]: The expression mediator in these Regulations will refer interchangeably to mediators and mediators.

Article 9 Functions of the Mediation Unit of CAM Santiago.

The Mediation Unit shall be in charge of the steps related to the processing of the mediation processes of CAM Santiago. Its functions include, but are not limited to, the following:

a.- Verify compliance with the requirements of the mediation requests to be admitted for processing.

b.- To duly process mediators’ disqualifications and substitution.

c.- To develop the facilitation stage of the mediation process.

d.- To support the work of the mediators and manage the realization of the mediation sessions.

e.- To develop and promote the continuous improvement of the mediation procedures.

Article 10 Limitation of liability.

The mediators, the officials of CAM Santiago and its Council, shall not be liable for facts, acts or omissions related to the mediation, except in case of gross negligence or willful misconduct.

Article 11 Role and competence of the mediator.

The main function of the mediator is to promote dialogue, understanding the scope of the conflict, for the achievement of an agreement that gathers the interests of all the parties of the process.

The mediator will have the competence to develop actions and make decisions related to the conduct of the process in its various stages, which must be carried out with diligence, transparency and fairness, ensuring that the mediation is adapted to the needs of the parties and the requirements of the resolution of the dispute, given its nature and specialty.

The mediator’s functions include, among others, the following:

a.- To contact the parties, their representatives and advisors, in order to summon them to the mediation process and inform them about the principles and characteristics of the same, in coordination with the Mediation Unit.

b.- Verify that the natural persons, legal entities and entities with capacity to be a party appear at the mediation duly represented, and may require the incorporation of the respective mandate as a condition of participation in the process, under the terms of article 4 letter e) of these Regulations.

c.- To summon to the sessions it deems necessary for the best result of the process, ensuring that the modality, place and date of the meetings facilitate the participation of those summoned, avoiding unjustified delay of the process.

d.- To summon to the mediation third parties directly related to the dispute when it considers that their participation is indispensable for the best resolution of the controversy and provided that there is no opposition from any of the parties.

e.- To propose the participation in the process of experts or experts who can illustrate on scientific or technical aspects of the object on which the controversy falls.

f.- Suggest legal assistance to one or both parties when they do not have it, if it is considered that the lack of legal advice could affect the principle of equality in the process or result in a manifest inequity.

g.- Facilitate access to information or documentation that the parties have made available to them, always respecting the principle of confidentiality.

h.- Collaborate in the drafting of the agreement, being able to suggest corrections or alternative wordings when it deems them relevant for the correct interpretation or execution of the agreement.

i.- To propose bases of agreement, as long as the parties have granted him/her, by mutual agreement, the powers of conciliator.

j.- To terminate the mediation process in accordance with the grounds set forth in Article 28 of these Regulations.

k.- To record the proceedings of the mediation in the minutes.

Article 12 Prohibition to act as arbitrator in the mediated case.

The mediator is prohibited from acting as arbitrator to resolve disputes between the parties to the mediation, which have been the subject of or are related to the mediation, even if the parties so request or agree to such appointment.

Article 13 Procedural principles of mediation.

The mediation procedure is governed by the principles of orality, de-formalization, celerity and transparency.

The proceedings in the procedure are oral and do not require a written record for their validity, without prejudice to the mediator’s duty to prepare the minutes of appearance of the parties at the mediation sessions, and the minutes of the agreement, as well as to issue the respective certificate of termination.

However, the communications to the parties for the convening of the mediation sessions, according to the modalities and deadlines established in these Rules, are a condition for their valid realization.

The procedure will be informalized, so that its procedural structure will be adapted to the needs of the parties and the dynamics of the conflict.

The mediator will promote the collaboration of the parties at all times in order to resolve the conflict in the shortest possible time, taking into account the particular needs of the case.

The process is transparent, so the mediator will keep the parties informed of the stages of the process, its terms, its principles and the effect of the agreements reached, ensuring the due exercise of their rights.

Article 14 Request for mediation.

The request for mediation shall be submitted to CAM Santiago in the form indicated on its website, and must comply with at least the following requirements:

a.- The complete individualization of the parties involved, including their name or company name, identity card, passport or unique tax number, domicile and, if possible, e-mail;

b.- In the case of a legal entity or juridical person with capacity to be a party, it must contain the same information of its legal representative;

c.- The individualization of the applicant’s attorney, if any, indicating his name, identity card, address, telephone number, office or law firm to which he belongs, and e-mail address;

d.- Attach a copy of the contract or instrument containing the mediation clause, as well as its annexes. If there is no contract, or if it is a request for voluntary mediation, the background information referring to the relationship between the parties or to the fact that motivates the request must be attached;

e.- To expose of summarized form the conflict submitted to mediation;

f.- Indicate the estimated amount of the dispute, or indicate that it is undetermined;

g.- Indicate if any of the parties has requested a prejudicial measure with respect to the controversy submitted to mediation, or if there are related court cases; and,

h.- Proof of payment of the administrative fee to CAM Santiago.

The Mediation Unit will proceed to review the request, and in the event that it considers that it does not comply with any of the aforementioned requirements, it will require its compliance within the shortest period of time, provided that it can be corrected. Otherwise, the application will be rejected.

The amount of the amount stated in the application is not binding, and CAM Santiago reserves the right to revise its estimate.

Article 15: Duration of the Mediation Process

The mediation procedure must be completed within sixty days from the date of the first session that initiated the process, whether this is a joint session or an individual session with one of the parties. If the process has not concluded after sixty days, the period will be automatically extended by another sixty days unless any party notifies the mediator in writing of their decision not to extend the deadline.

After one hundred and twenty days, the parties may agree to extend the procedure for a reasonable period, provided the mediator believes this extension would be beneficial in reaching an agreement.

Article 16: Appointment of the Mediator

Upon receipt of a mediation request, CAM Santiago will encourage the parties to agree on the appointment as soon as possible, proposing methods to facilitate this outcome. If they cannot agree, the appointment will be made by the Council from the list of CAM Santiago mediators who are active at the time of the appointment.

If the appointment is made by CAM Santiago, it will inform the parties of the mediator’s appointment by email or certified letter. If necessary, given the particular nature of the conflict, the Council may appoint more than one mediator for co-mediation.

The appointed mediator will sign a declaration of availability, independence, and impartiality for CAM Santiago, disclosing their availability and any circumstances that could reasonably call their independence or impartiality into question.

The appointed mediators must remain independent and impartial throughout the mediation process.

Article 17: Disqualifications

Within five days following the communication mentioned in Article 16, paragraph 2, of this Regulation, the parties may request the disqualification of the appointed mediator(s).

If a disqualification is requested by any party, CAM Santiago will inform the mediator and the other party and proceed with a new appointment.

If disqualification arises during the mediation, it must be based on facts that were unknown at the time of the initial appointment and must be raised as soon as possible.

Article 18: Acceptance of the Position

CAM Santiago will take the necessary measures to ensure that appointed mediators accept the position and perform their duties faithfully, independently, and impartially.

By accepting the appointment, the mediator commits to fulfilling their duties in accordance with this Regulation and the guidelines established by CAM Santiago.

Article 19: Termination of Mediators’ Duties and Continuation of the Mediation Process

Once the position is accepted, the mediator is obliged to perform their duties. This obligation ceases if any of the following situations arise:

a. Death;

b. Illness or absence that prevents the fulfillment of the assigned duties;

c. Acceptance of the mediator’s disqualification request;

d. Assumption of public duties that are incompatible with the role of mediator; and,

e. Justified resignation, previously accepted by CAM Santiago.

If a mediator resigns, a new appointment will be made in accordance with the procedure established in Article 16 of this Regulation.

In case of temporary disqualification from the position, a substitute may be appointed at the request of a party for the duration of the disqualification. If the temporary disqualification becomes permanent, the substitute mediator will assume the role permanently without a new appointment.

The mediation period will be suspended from the moment of the mediator’s resignation and will resume when the new mediator(s) accept the position.

After accepting the role, the new mediator(s) (in the case of co-mediation) will continue the mediation process from the point where the previous mediator(s) left off, with the same timeframe initially available unless an extension is agreed upon with the parties.

The full or partial refund of fees received by the mediator who resigned, as well as the disposition of unpaid fees at the time of resignation, will be decided by CAM Santiago.

Article 20: Summoning the Parties: Facilitation

In the case of a joint mediation request, a mediation agreement, or a stepped clause, the Mediation Unit or the mediator will summon the parties to the first session via email as soon as possible, which may be a joint session or individual sessions with each party.

For voluntary mediation, the Mediation Unit will notify the designated mediator along with the mediation request to the requested party via email and other relevant communication means, to confirm their willingness to participate.

The Mediation Unit and the designated mediator may take any necessary actions to contact the parties, their representatives, or advisors to obtain more information, explain the characteristics of the mediation process, and facilitate the decision to participate. These actions may include contact through various means, sending information, or holding preliminary meetings with each party.

The requested party has twenty days from the receipt of the communication to accept the mediation; after this period, the procedure will be considered unsuccessful unless the Mediation Unit deems an extension necessary for reasonable reasons, agreed upon with the requesting party.

Once mediation is accepted, the requested party may assert the relevant disqualifications within the time limit stipulated in Article 17 of this Regulation.

Article 21: Attendance of the Parties

The mediation process requires the direct participation of individuals involved in the dispute, notwithstanding the assistance of their representatives or advisors.

Legal entities and other legally capable entities must be represented in the process by their designated representatives, without prejudice to the assistance of their representatives or advisors.

The mediator must ensure that those involved in the dispute who do not participate personally are properly represented.

Article 22: Type and Mode of Mediation Sessions

Sessions may be individual or joint. Following the principle of transparency, the mediator must inform all parties in the process each time they meet with one individually, while maintaining the confidentiality of the discussion.

Sessions may be conducted in person, remotely, or in a hybrid format, with the frequency determined by the mediator. In-person sessions will be held at CAM Santiago’s facilities, while remote sessions will take place through the institution’s chosen virtual platform.

Before starting mediation sessions, the parties must submit a signed confidentiality agreement to ensure the privacy of the process.

Article 23: First Mediation Session

On the appointed day and time, the mediator will start the session with the summoned parties, verifying the validity of the mandates and informing them of the process’s characteristics and principles through an Opening Statement. In this statement, the mediator will explain that the process will be led by the mediator, who will guide the dialogue between the parties using technical interventions to understand their interests and appropriately address the conflict.

In the event of one party’s absence, a new date and time will be set as soon as possible.

Article 24: Receipt of Documents

Parties may voluntarily provide the mediator with any document they deem pertinent for the process. The mediator may not share these documents with other parties or third parties without the express authorization of the party that submitted them. If physical documents are provided, they must be returned to the respective party as soon as the process concludes.

Article 25: Session Records

The mediator must prepare a record for each session held during the process, detailing the following:

a. Identification of the process with the CAM Santiago case number;

b. Date, start, and end time of the session;

c. Type and mode of the session;

d. Identification of attendees, noting their name, ID number, position, and role as the requesting or requested party;

e. Work commitments made during the process and the date of the next session; and,

f. Name and signature of the mediator.

If an agreement is reached, its details will be included in the relevant record, which must also be signed by the parties.

Article 26: Virtual Case File

CAM Santiago will provide the parties, their representatives, and the mediator with access to its virtual case tracking platform, where a case number will be assigned and where the request, the availability declaration, independence, and impartiality, and other necessary information will be recorded.

The mediator must upload the following documents to the virtual case file:

a. Confidentiality agreements signed by all participants in the process;

b. Minutes of each session;

c. The Roadmap, to be recorded in confidence;

d. The termination certificate or agreement record; and,

e. Any other information required by CAM Santiago.

Article 27: Suspension of the Procedure

At any stage, the parties may jointly request the mediator to suspend the process. The mediator may grant this request for a period deemed reasonable if they consider the suspension beneficial or necessary. In such cases, the mediator will record the suspension period and, once concluded, summon the parties to a session to continue or end the process.

Article 28: Reasons for Termination of Mediation

The mediation process will conclude:

a. By the written declaration of one or more parties terminating the process;

b. Due to unjustified non-attendance of one party at a second summons;

c. Upon expiration of the mediation period;

d. At the mediator’s decision if they believe that mediation cannot assist in resolving the dispute based on the available information. The mediator will notify the parties of this decision in writing; and,

e. Upon the conclusion of an agreement between the parties.

In all cases mentioned in this article, except in cases of agreement, the mediator or CAM Santiago, as applicable, will issue the corresponding termination certificate.

Article 29: Mediation Window in Arbitration

Once the mediation process has concluded without an agreement and the dispute is in adversarial proceedings, the parties may agree to restart the mediation process if they believe that resuming dialogue may help resolve the dispute. In such cases, the parties must submit a joint request to the Mediation Unit expressing their willingness to restart mediation.

Article 30: Conclusion by Agreement Between the Parties

When the process concludes with an agreement between the parties concerning the dispute submitted to mediation, whether partial or complete, the agreement’s terms will be recorded in a written agreement, signed by the parties and the mediator, which will constitute a legally binding settlement.

If the parties deem it necessary or if legal validity requirements apply, the mediator will urge the parties’ lawyers and advisors to take steps to ensure the agreement has the required formalities for proper execution. If the parties fail to meet their obligations in this matter, the process will conclude without a record of an agreement.
However, neither CAM Santiago nor the mediators will be responsible for the enforcement of the rights and obligations established in the agreement.

Article 31: Interpretation of the Rules of the Regulation

The interpretation of the rules in this Regulation will be the responsibility of CAM Santiago.

Article 32: Abbreviated Mediation Procedure

For disputes requiring immediate intervention to avoid greater harm, preserve a commercial relationship, or ensure business or operational continuity, an abbreviated mediation procedure will apply. This may be requested by one of the parties or jointly, with its applicability determined by CAM Santiago.

Within two days of the mediator’s appointment notification, the mediator must submit their statement of availability, independence, and impartiality to CAM Santiago. The parties may invoke any grounds for disqualification within two days of the appointment notification. The mediator will convene the first mediation session within seven days of accepting the position.

The mediator is authorized to carry out any actions needed for a focused and continuous procedure aimed at exhausting the possibilities of reaching an agreement as quickly as possible. This includes, among other actions, convening the parties for multiple sessions in one day or on consecutive days, whether these are joint or individual, and informing the parties in a single act of a scheduled session agenda.

The abbreviated mediation procedure must conclude within twenty days from the date the mediator accepts the position. However, the parties may extend this deadline by mutual agreement.

Article 33: Request for Abbreviated Mediation Procedure in the Context of a Prejudicial Measure

If one or both parties have requested prejudicial measures before the Ordinary Courts or CAM Santiago, in cases where a stepped clause requires a prior mediation process, the abbreviated mediation procedure outlined in this section will always apply.

In the event that an emergency arbitration request is filed under Article 54 of CAM Santiago’s National Arbitration Procedural Rules, and if the request is deemed admissible, the party may submit the respective mediation request. This will allow CAM Santiago’s Council to appoint the mediator along with the emergency arbitrator.

The Mediation Unit will notify the parties of the mediator’s appointment by email on the day following the notification by the emergency arbitrator to both parties of the resolution regarding the prejudicial measure if a hearing was held. If there was no hearing, the Mediation Unit will notify the respondent of the mediator’s appointment the day after the notification of the resolution regarding the prejudicial measure or the day after the notification period expires, as established in the fifth paragraph of Article 57 of CAM Santiago’s National Arbitration Procedural Rules.

The appointed mediator will conduct the mediation in accordance with the abbreviated procedure rules set forth in Article 32 of these Rules.

Article 34: Abbreviated Mediation Procedure and Precautionary Prejudicial Measures

In the case of an abbreviated mediation procedure where precautionary prejudicial measures have been ordered, the mediator must conclude the mediation procedure and issue the corresponding termination certificate five days before the end of the suspension period for fulfilling the procedural requirement, as provided in Article 58 of CAM Santiago’s National Arbitration Procedural Rules.

Article 35: Partial Agreements and Suspension of the Abbreviated Mediation Procedure

During the abbreviated mediation procedure, the parties may adopt partial or provisional agreements regarding granted prejudicial measures or other urgent matters. These may be submitted to the arbitration judge to grant them legal effect in the arbitration proceedings if necessary.

The parties may also agree to suspend the mediation for a reasonable period not exceeding sixty days, continuing with the arbitration proceedings, and may resume the mediation process when deemed appropriate by notifying the mediator via email. In this latter case, the maximum term established in the final paragraph of Article 32 of these Rules will not apply.

Article 36 Scope of Application.

The rules of this title shall apply to the mediation of civil, commercial disputes, and any other matters of legal relevance that are susceptible to self-composition, of an international nature, as defined by Article 1 of Law No. 19,971 on International Commercial Arbitration. In any case, mediation shall always be considered international when carried out in compliance with a stepped clause that provides for international arbitration.

International mediation shall additionally be governed by the provisions of this Regulation insofar as they are compatible with the nature of the procedure, and where it is not expressly regulated, the will of the parties shall prevail.

Article 37 Request for International Mediation.

The request for international mediation must contain the requirements established in Article 14 of this Regulation and additionally the following:

a. Mention of the state where the requesting and requested parties have their main business operations;

b. Preference regarding the number of mediators to participate in the mediation process;

c. Preference regarding the language in which the mediation will be conducted, when not specified in the instrument containing the mediation clause; and

d. Preference regarding the location where the mediation will take place, when not specified in the instrument containing the mediation clause.

In the event that the parties do not reach an agreement regarding the language in which the mediation will be conducted, CAM Santiago will determine it, and if there is no agreement on the location of the mediation, it will be in the city of Santiago, Chile.

The Mediation Unit will review the request and, if it finds that it does not comply with any of the specified requirements, will request its compliance within the shortest possible time, provided that it is remediable. Otherwise, the request will be dismissed.

Article 38 Designation of the International Mediator.

Upon receiving the request for mediation, CAM Santiago will encourage the designation to be made by mutual agreement between the parties as soon as possible, proposing procedures to promote this end. In the absence of an agreement between them, the Council will proceed to appoint a mediator, taking into account all aspects relevant to an adequate resolution of the matter submitted to mediation, such as the nationality of the parties, applicable laws, the seat of the mediation, and the languages involved. To assist the Council in fulfilling this function, CAM Santiago will maintain referral lists of international mediators, including individuals of recognized prestige and experience in the field of international mediation. Furthermore, when deemed necessary by the Council, considering the complexity and specialty of the dispute or the number or multiculturalism of the parties, it may appoint a pair of mediators to work in co-mediation.

Article 39 International Mediator as Arbitrator.

The international mediator may not act as an arbitrator in a dispute that has been or is the subject of the mediation procedure, nor in any other dispute that has arisen from the same contract, legal relationship, or any related matter.

Article 40 International Mediation Agreement.

In the event that the parties reach an agreement and it does not require other formalities for its execution beyond the valid expression of their will, the agreement will be written and signed by the parties and the mediator, being this private instrument sufficient proof among them of what has been agreed.

If the agreement includes obligations that may require forced execution in a state that has signed the United Nations Convention on International Settlement Agreements Resulting from Mediation, known as the Singapore Convention, the agreement shall be understood as an international settlement whose execution will be governed by its provisions. In any case, the parties may agree on the jurisdiction to which the homologation of the agreement and its forced execution will be submitted, and the procedural requirements of that country must be met in order to grant the agreement legal value for execution.

Article 41 Administrative Fee and Mediator Fees.

CAM Santiago will apply an administrative fee and determine the fees for mediators considering the applicable tariffs. When the total or part of the value of the matter is not determined or determinable, the fees will be prudently set, taking into account the nature and complexity of the case. The administrative fee and the fees of the mediators will be paid in equal halves or proportions according to the number of parties, unless they mutually agree otherwise.

All other expenses arising from the mediation process, such as costs for expert assessments, transportation, or others, will be covered by the parties proportionally, unless they agree otherwise.

If the parties do not reach an agreement during the mediation, no amount will be refunded for the administrative fee or the mediator fees corresponding to services effectively rendered.

Article 42 Observations on Mediator Fees.

Regarding the setting of mediator fees, a substantiated observation may be presented to the Mediation Unit within three days from the time they have been communicated. The observation will be resolved by the CAM Santiago Council, without stating reasons or allowing for further recourse.

Requests for mediation submitted to CAM Santiago starting from November 1, 2024, will be governed by this Regulation.

Article 1°

The mediator must recognize and respect the self-determination of the parties in the resolution of their dispute. This means the power of the parties to reach an agreement freely and voluntarily and to abandon the mediation at any time prior to the agreement if they deem it convenient.

The mediator, however, is the one empowered to conduct the mediation process.

Article 2 °

When appointed for mediation, the mediator should analyze the conflict and determine whether he is actually qualified to direct the process. He must therefore excuse himself, at his own initiative, from conducting the mediation if he knows of any reason that disqualifies him from hearing the matter.

Article 3 °

The existence of any financial or personal relationship between the mediator and one or more parties shall be grounds to disqualify the mediator as shall the existence of any financial or personal interest of the mediator in the outcome of the mediation.

These grounds may be enforced by any of parties at the time indicated in the Center’s Regulations on Mediation. The same may be done by whoever is in charge of the administration of mediations at the Center.

Article 4 °

The mediator must be impartial. It is the mediator’s duty to resign if he becomes unable, at any time during the mediation, to conduct the process impartially because any event arises that disqualifies him as provided in the Mediation Regulations or other regulations.

The mediator must avoid any discriminatory or preferential conduct towards one of the parties.

No mediator may discriminate against the parties because of their personal characteristics, race, sex, condition or otherwise.

Article 5 °

Upon receiving and during the entire process of the mediation, the mediator shall determine whether the mediation does or does not constitute an appropriate system of dispute resolution for that particular case given the nature of the dispute and the situation of the parties. If he at any time discovers that the mediation is not the appropriate method, he should advise the Center and the parties and put an end to the process.

Article 6 °

Upon commencing the mediation, the mediator should inform the parties of the mediation process, its characteristics, rules, advantages, disadvantages and the existence of other mechanisms of dispute resolution. He will explain to the parties the role of the mediator as well as the role they and their respective attorneys, if any, must play during the process.

The mediator should be open to answering any question by the parties and ensure that they have understood and accepted all information. The mediator should refrain from making promises or offering guarantees as to the outcome of the mediation.

Article 7 °

The mediator should employ appropriate language that invites the parties to an understanding. In co-mediation, the mediators shall exchange information and take care not to show discrepancies of opinion to the parties

Article 8 °

The mediator should order the number of sessions to be held that is appropriate to the resolution of the dispute or to reaching the conviction that there are other means to secure it. The mediator shall endeavor for the sessions to last a prudent time and shall not accept delays by the parties or their representatives.

The meetings may be joint or private. The mediator shall convene one type of meeting or another as he deems appropriate for an effective conduct of the process. The mediator may convene a private session with the parties’ attorneys who are involved in the mediation.

Article 9 °

The mediator should ensure that the interests of all persons who are involved in the dispute, and who may, therefore, be affected by the outcome of the mediation, are represented in the process. If necessary, the mediator shall suggest that these people become parties to the mediation.

Article 10 °

All information provided by the parties during the mediation process as well as the process itself is absolutely confidential. Accordingly:

a) The mediator is forbidden to disclose information obtained during the mediation process, both to the Courts as well as to third parties alien to the mediation, unless it is an event constituting a crime that must be denounced by law.

This duty of confidentiality also applies to the parties and to all such persons who are involved in the mediation as

observers, attorneys, experts as well as all staff of the Center for Arbitration and Mediation. The mediator may not disclose to one of the parties what the other party has confessed thereto at a private meeting unless specifically authorized to do so.

A confidentiality agreement shall be signed at the first meeting held by the mediator with the parties. If a written agreement is executed, it shall not be confidential unless the parties decide otherwise.

b) All written proceedings that are kept by the Center in relation to mediation are strictly confidential.

The Center does, however, reserve the right to use the data from its mediation cases solely for statistical and internal training purposes without disclosing the names of the parties nor the contents of the mediation.

Article 11°

The mediator is forbidden to offer legal, technical or other advise or counsel to the parties in relation to the matter subject to mediation.

If necessary, the mediator shall cause the parties to secure such assistance from the people of their choice and solely for purposes of securing greater information for the parties with a view towards achieving a serious and realistic agreement.

The mediator may not recommend anyone as an expert to advise the parties.

Article 12°

Mediators are forbidden to render professional services either directly or indirectly to the parties during the mediation. Nor may they do so in the future upon conclusion of the mediation.

Article 13°

In order to be a mediator of the Center, it is indispensable to have undergone the training that the Center stipulates as mandatory.

It will also be obligatory to undertake the internships necessary to acquire experience under the conditions determined by the Center. Mediators have the duty to stay informed and current in connection with mediation and, in general, with the alternative methods of dispute resolution.

The Center may request that mediators collaborate in the training of new members on the mediator list as well as the programs for the promotion of mediation that are organized inside the Center.

Article 14°

Mediators should perform their office with professional excellence and take care to help disclose the mechanism of mediation seriously and honestly.

Article 15°

Before the commencement of the mediation, the parties should be informed by the Center of the cost of the mediation. Only the Center, and not the mediators, is authorized to set prices and grant payment facilities to the parties.

The mediators shall receive the amount of their fees directly from the Center once it has received payment from the parties.

Mediators are forbidden to accept payments, gifts or other presents from the parties during and after conclusion of the mediation, whether or not there is an agreement.

Article 16°

Any infringement of the ethical standards contained in this code shall be the subject of review by the Center and if proven, the corresponding sanction shall be adopted. The Center is authorized to eliminate anyone committing an infringement from the mediator list, if warranted.