GLOBAL MEDIATION EXCHANGE CENTER (GMXC) RULES FOR ADMINISTRATION OF THE NEW JERSEY INTERNATIONAL ARBITRATION, MEDIATION AND CONCILIATION ACT, N.J.S.A. 2A:23E-3
These Rules were adopted by the Global Mediation Exchange Center (hereinafter GMXC) and are in force as of April 1, 2020. The parties to any agreement referring to these Rules shall be deemed to have agreed to comply with everything contained in them and any subsequent amendments in force at the time of commencement of the Arbitration/Mediation. The parties shall also be deemed to agree to the terms of the New Jersey International Arbitration, Mediation and Conciliation Act, N.J.S.A. 2A:23E-2, (hereinafter the IAMC Act).
These Rules shall apply to all disputes submitted to GMXC for resolution under the IAMC Act.
1. Appointing Authority means GMXC.
2. Agreement for Arbitration/Mediation: the parties must sign the GMXC Submission Agreement as set forth in Form A of these Rules. If no arbitration has been instituted, the parties must also sign the arbitration agreement set forth in Form B.
3. Party/Parties: the individuals or entities who have signed the Submission Agreement.
4. Arbitrator/Mediator/Arbitrator shall be a Neutral Panelist on the GMXC roster and shall be referred to as Arbitrator/Mediator/Arbitrator, Arbitrator/Mediator, Arbitrator, Mediator, or Neutral Panelist.
5. Rules: GMXC Rules for the administration of the IAMC Act.
6. Dispute: In order to submit any issue or issues between parties or entities for resolution to GMXC under the IAMC Act, the parties must either:
a) have a prior pending judicial or arbitral proceeding and proof of said pending legal action or arbitration must be provided with a Submission Agreement to commence proceedings with GMXC; or
b) A claim evidenced by an arbitration agreement and a Notice of Arbitration or a Submission Agreement filed with GMXC.
7. Consent Award: an arbitral award entered under the New York Convention and the IAMC Act by the appointed Arbitrator based on a mediated settlement.
8. Process: the process contemplated by these Rules is a hybrid process. Consistent with the IAMC Act, the Arbitrator/Mediator/Arbitrator enters a Consent Award if a mediated settlement is reached. The Consent Award shall be in writing and shall comply with the IAMC Act and the New York Convention. If the parties do not resolve the dispute in mediation resulting in a consent award, they must proceed to arbitration as specified in Form B.
9. Joint Session: a meeting in person or by video or telephone conference or functionally equivalent service with all parties and their counsel and/or representatives.
10. Caucus: a session with the Mediator and a party; a cross caucus is a session with the Mediator and two or more parties without their counsel and/or representatives; a counsel caucus is a session with the Mediator and one or more counsel or representatives of the parties. The sessions may be conducted in person or by video or telephone conference or functionally equivalent service.
Rule 1 – Commencement
A party commencing an arbitration under the IAMC Act shall file with GMXC a Submission Agreement (Form A) along with evidence, if any, of any prior pending judicial or arbitral proceeding. If there is no prior pending proceeding, the parties must provide a notice of arbitration and a signed arbitration agreement (Form B).
Rule 2 – Administrative Fees
The Fees as set forth in the Fee Schedule shall be paid before the appointment of the Arbitrator/Mediator/Arbitrator.
Rule 3 – Appointment of the Arbitrator/Mediator/Arbitrator
The parties may agree to any Neutral Panelist from the GMXC Panel. If the parties have not agreed on the Neutral Panelist within 10 days of filing the Submission Agreement, GMXC shall provide a list of three Neutral Panel members and each party may strike one. The GMXC shall then appoint the Neutral Panelist and notify the parties.
Rule 4 – Seat of the Arbitration
The seat of the arbitration shall be New Jersey. The arbitration law that shall govern this arbitration and any Award shall be United States Federal Law as applied in the U.S. Court of Appeals for the Third Circuit under the New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958)) and the IAMC Act.The substantive law applicable to the dispute shall be the law specified in the contract or if the law is not specified, the law shall be the law of New Jersey.
Rule 5 – Arbitration/Mediation/Arbitration Language
All proceedings under these rules shall be conducted in English unless the parties and the Neutral Panelist agree to choose another language.
Rule 6 –The Role of the Arbitrator/Mediator/Arbitrator
The parties consent to a hybrid process as contemplated by the IAMC Act. The process shall commence as an arbitration with the Neutral Panelist acting as an Arbitrator.The Neutral Panelist, then acting as a Mediator, shall mediate the dispute in person or by video or telephone or functionally equivalent service as determined by the Mediator. If a mediated settlement is reached and a writing confirming the terms is executed, the Neutral Panelist acting as an Arbitrator following review by the GMXC shall enter a Consent Award. The Consent Award shall be consistent with the IAMC Act and the New York Convention.If the parties fail to resolve the dispute during the mediation, the parties shall proceed to arbitrate their dispute as reflected in Form B.
Rule 7 – Commencement of Mediation
If the action was not pending in any judicial or other pending arbitral forum, the parties shall file an executed arbitration agreement in Form A with the GMXC.
If the action was pending in any judicial or other pending arbitral forum, the parties shall file an executed arbitration agreement in Form B with the GMXC, along with proof of a pending legal action or arbitration.
The Arbitration/Mediation/Arbitration will commence as soon as the Submission Agreement (either Form A or Form B) has been signed by the parties and the Neutral Panelist is appointed unless a different time is agreed in the Submission Agreement convenient to GMXC. The mediation conducted under the auspices of GMXC shall be completed within ninety days from the appointment of the Neutral Panelist, unless GMXC extends the time.
In the event the parties do not reach a mediated settlement agreement, they shall proceed to arbitrate the dispute under the AAA, ICDR or Ad Hoc Rules of CPR as they agree in Form B.
Upon commencement of the mediation, the parties shall seek to obtain a stay or formal transfer of any prior judicial or arbitral proceedings.
Rule 8 – Activities of the Arbitrator/Mediator/Arbitrator and process supervision
8.1 The activities of the Neutral Panelist shall include both preparation for and the conduct of the Arbitration/Mediation/Arbitration sessions and issuing any Consent Award, and may also comprise other activities such as communications with the parties and their attorneys or representatives and third parties electronically, in writing, by video or telephone conference or functionally equivalent service, review of documents and submissions, research, in person conferences, and drafting agreements from the commencement of the Arbitration/Mediation/Arbitration until its conclusion.
8.2 The Arbitrator/Mediator/Arbitrator shall decide, after having consulted with the parties and their attorneys or representatives, on the manner in which the Arbitration/Mediation/Arbitration will be conducted. The process may be varied by agreement of the Neutral Panelist and the parties.
8.3 The appointed Arbitrator/Mediator/Arbitrator acting as Mediator may communicate with the parties and their attorneys or representatives, separately and/or jointly during the mediation phase of the proceedings.
8.4 The parties and the Arbitrator/Mediator/Arbitrator shall proceed as expeditiously as possible to schedule the mediation.
Rule 9– Voluntariness
No Consent Award shall be issued unless the parties agree in writing to a mediated settlement agreement.
Rule 10 – Privacy
No person shall be present at the Arbitration/Mediation/Arbitration joint sessions other than the Neutral Panelist, the parties and their attorneys and/or representatives without the consent of all parties and the Neutral Panelist.
Rule 11 – Confidentiality
11.1 The entire Arbitration/Mediation/Arbitration process shall be strictly confidential and remain so after the Arbitration/Mediation/Arbitration has ended. The parties and the Neutral Panelist shall not to disclose, directly or indirectly, to any third party – any information concerning the Arbitration/Mediation/Arbitration, the positions adopted, proposals made, or the information supplied within the Arbitration/Mediation/Arbitration, either orally or in writing. All communications are also subject to the mediation privilege NJ Evidence Rule 519 and under New Jersey law and shall also be considered settlement negotiations under New Jersey and Federal Evidence Rules 408. The Consent Award shall not be confidential unless otherwise agreed by the parties. Any agreed upon confidentiality shall not impede a parties’ right to seek judicial confirmation of the Consent Award for enforcement purposes.
11.2 The parties and their counsel/representatives and Arbitrator/Mediator/Arbitrator shall not reveal, quote from, refer to, paraphrase or in any other way refer to or use any documents that have been revealed, shown or otherwise disclosed during the Arbitration/Mediation/Arbitration proceeding to any other person not involved in the process. This obligation shall not apply if and insofar the party already had or could have had this information at his/her disposal independent of the proceeding. Such documents that are otherwise admissible in an arbitral or judicial proceeding will not be rendered inadmissible by reason of their use in the proceeding. Documents referred to in Paragraph 11 include, but are not limited to, the Submission Agreement, notes or minutes made in preparation for or in attendance at the proceeding, any other written agreement including those referred to in these Rules. All such information shall remain confidential, including information provided in all forms, such as audiotapes, videotapes, photographs, emails, digital files or their functional equivalent regardless of format[LK1] [LK2].
11.3 The parties may not require any person involved in the proceeding including the Neutral Panelist to testify to the matters that occurred during the proceeding or cause each other, the Arbitrator/Mediator/Arbitrator or other persons involved in the proceeding to be examined as a witness regarding information supplied and/or recorded during or in connection with the proceeding, or regarding the contents of any agreement as referred to herein.
11.4 The confidentiality provisions herein shall not apply in the case of:
a) Information concerning criminal acts or threats of criminal acts for which there is an obligation to report.
b) Complaints, disciplinary or liability proceedings against the Neutral Panelist. In such event the Neutral Panelist shall be able to defend against any claims and/or disclose information learned during the mediation process to their professional liability insurance carrier.
Rule 12 – Conclusion of the Process
The Arbitration/Mediation/Arbitration shall end:
a) By a Consent Award enforceable issued by the Arbitrator under the IAMC Act and the New York Convention;
b) By a written arbitration statement from the Arbitrator/Mediator to the parties and to the GMXC stating that the mediation process has ended but that arbitration must proceed under the arbitration agreement in Form B;
c) By a written statement from either party to the other party or parties and to the GMXC stating that it withdraws from the mediation and shall proceed to arbitrate the matter.
d) If no Consent Award is issued within 90 days of the appointment of the Neutral Panelist under these Rules and the time deadlines are not extended, then the parties shall proceed to arbitrate the matter consistent with these Rules.
Rule 13 – Judgment
Judgment upon the Consent Award may be entered by any court having jurisdiction thereof.
13.1 The parties undertake for the duration of the Arbitration/Mediation/Arbitration not to institute any additional proceedings, against each other, with the exception of steps to safeguard rights or property that are threatened with irreparable harm.
13.2 If a party takes steps to safeguard rights or property, or institutes proceedings other than those referred to in these Rules, that party shall be obliged to immediately notify the GMXC and the other party or parties within 24 hours after having taken such steps or after having instituted such proceedings.
Rule 14 – Recording the Outcome of the Arbitration/Mediation/Arbitration
14.1 With respect to any Mediated Agreement reached by the parties, the Arbitrator/Mediator/Arbitrator shall issue a Consent Award that shall conform to the parties’ agreement, which shall be enforceable under the IAMC Act and the New York Convention.
14.2 The parties shall be responsible for preparation of the Mediated Agreement.
Rule 15 – Matters Not Addressed
The Arbitrator/Mediator/Arbitrator shall decide all procedural matters not provided for by these Rules or the parties’ agreement. In doing so, the Arbitrator/Mediator/Arbitrator shall act in accordance with the spirit of these Rules.
Rule 16 – Administrative Matters
The parties shall comply with the required intake and administrative procedures posted on the GMXC website (www.GMXCmediation.com).