Rules Of Settlement Procedure

(1) Jurisdiction. The Arbitration Court is entitled to conduct the settlement procedure upon the agreement of the parties after the commencement of arbitration in matters falling within the jurisdiction of the Arbitration Court. The settlement procedure before the Arbitration Court is deemed to be a part of the arbitration. During the settlement procedure, the time limits in the arbitration are suspended.
(2) Mediator. The settlement procedure takes place before a party-chosen mediator inscribed in the List of Arbitrators. The person who was nominated or appointed as an arbitrator in the already commenced arbitration between the parties may not act as a mediator.
(3) Conduct of procedure. The settlement procedure is held orally. The Secretary convenes the oral procedure by delivering the notification of its venue and time. The Secretary ensures all organizational matters in relation to the settlement procedure. Unless otherwise agreed by the parties, each party presents a proposal for settlement to the mediator and opposing party. If the party’s proposal was not delivered to other parties, the mediator proposes the settlement after hearing all parties. The proposals, presentations, and actions of the parties and mediator in the settlement procedure are made on a without prejudice basis to the already commenced arbitration or other proceedings, and no party or mediator are entitled to used them or to refer to them in the proceedings before the arbitral panel, except in a situation where the parties jointly propose to record the adopted settlement in a form of arbitral award.
(4) Termination of settlement procedure. The settlement procedure ends on the day of settlement or the day of issuing the mediator’s decision on termination of settlement procedure on grounds of its unsuccessful outcome. The mediator is entitled to make a decision on unsuccessful outcome of the settlement procedure if the parties do not accept his first settlement proposal.
(5) Costs of settlement procedure. The fee for settlement procedure is 50% of the procedural fee, however not less than EUR 500.00. Both parties pay this fee in equal shares in advance. Irrespective of the result of settlement procedure, this fee is non-refundable. The parties bear their own costs of the settlement procedure.
(6) Relationship with the Act on Mediation. Act No. 420/2004 Coll. on Mediation, as amended, does not apply to the settlement procedure before the Arbitration Court.