What is a mediation process?
Mediation is an assisted negotiation in which a neutral third party leads the parties to a consensual agreement that will end the conflict between them. The mediator will intercede in an effort to find formulas of approximation and mutual consent to build a good relationship in the future.
Our mediators are experts in mediation methods and techniques.

What types of conflicts may be solved through mediation?
Basically all conflicts are subject to mediation. Its application has been successful in various fields, ranging from commercial or business issues to family, institutional or community matters, as mediation generates interaction between the parties which leads to seeking mutually acceptable solutions. See Article 43 of the Arbitration and Mediation Law
Mediation is more effective and better suited for some types of conflicts, but overall most conflicts may be solved through mediation.
There are several considerations that support the choice of mediation including confidentiality; the personal or business relationships that the parties in contention wish to preserve; the time, money and energy saved.

What are the benefits of AMC’s mediation process?
· If required, the parties can choose a bilingual process as mediators are fully fluent in English.
· A fully impartial process
· Economical: The time and money spent are significantly lower than the such required for legal processes.
· The process is private, voluntary and confidential.
· Enables the parties to select mediators specialized in various fields.
· Avoids litigation and its procedure is flexible.
· Efficient and agile-a one step process
· A mediation agreement is legally binding, assuring parties of its compliance. The agreement has the same force of a final judgment.
· Protects personal and/or business relationships of the parties involved as they actively and directly participate in seeking a solution to their differences.

What procedure applies to mediation?
The procedure is established in the Arbitration and Mediation Law and in AMC’s Rules and Regulations, which outlines the steps that must be followed.

Is it necessary to be an EACC member to resort to AMC?
No, AMC is available to the general public.

How does AMC’s mediation process begin?
Mediation begins through a written request to the Director of the Mediation and Arbitration Center.

What is the cost of mediation?
There is an initial fee of US$ 30.00 payable by the party requesting mediation.
If an agreement is reached, a rate based on the amount of the controversy applies. If no agreement is reached, a fee for the mediator’s work is determined.

Must the parties be represented by a lawyer?
No, however the parties may assist with their lawyers to mediation sessions. This will help them negotiate and make decisions based on their legal rights and obligations.

How long does mediation take?
There is no fixed amount of time for mediation. It is a flexible and voluntary process. The number of mediation sessions will depend on the parties’ need to reach an agreement according to the complexity of the issue. Nevertheless, according to statistics an average mediation will usually take two sessions.

How do you include mediation in a contract?
By including the Arbitration and Mediation Center of the Ecuadorian American Chamber of Commerce standard clause.
We recommend including the clause determined by the Center to ensure due process and efficiency.
If there is no previous agreement the other party is not obliged to take part in the process.

How is the Mediation Minute worthwhile to the parties?
Once an agreement has been reached, the parties and the mediator draft a full or partial Mediation Memorandum, establishing the rights and obligations each party acquires.
The Mediation Minute is legally enforceable and has the effect of a final judgment. It is legally binding in any court of common law. In addition, worldwide statistics show that 90% of all mediation agreements are complied with as the parties themselves are involved in the process and sign the agreement.

Why should a mixed mediation and arbitration clause be included in any contract?
We recommend exhausting all direct forms of dialogue between the parties before submitting the issue to the decision of third parties. In other words, we suggest direct negotiations first. If the matter is not solved, attempt mediation. If the issue is still not solved resort to arbitration.