Mediation is one of the cornerstones of our Dispute Resolution Service (DRS).   Mediation is a voluntary, non-binding and confidential process where a neutral third party intervenes at an early stage to help parties bring their dispute to an amicable settlement.  Generally, if a dispute settles through mediation it leads to cost savings for the parties.  In addition, if the parties themselves have devised the solution to their dispute, it is more likely to stick.

At Nominet mediation is attempted prior to an expert decision and is conducted by telephone. 

If a respondent (the registrant of the domain name in dispute) responds to a complaint within the fifteen working day deadline then, following the opportunity for the complainant to reply, the case enters a period of ten working days of informal mediation.  

How it works

The appointed mediator contacts each side and has a series of telephone calls to encourage communication between the parties and help them to generate options for settlement.   The process is confidential: anything a party says to the mediator will remain confidential unless the mediator has express permission from one party to put their comments to the other party.  

In addition, if the case does not settle, and the complainant pays the fee for the Expert decision, the mediator’s notes and any correspondence generated during the ten days are removed from the file.   This allows the parties to speak freely, for example, about the strengths and weaknesses in their case or the testing of settlement options, without fear that it could be used against them in any way in the future.

By entering the mediation process the parties are not bound to settle their case.   The mediator cannot force the parties to settle or to impose a solution upon them.   In addition, mediation allows the parties to discuss several settlement proposals as no settlement is binding until the parties have signed the settlement paperwork.

Your Questions Answered

What is a mediator?

A mediator is a neutral third party employed to help disputing parties to settle.   They bring a fresh pair of objective eyes to a dispute along with negotiation, communication and problem-solving skills.  Neutral means that the mediator does not represent either party in the settlement discussions and will not offer advice or a legal opinion to either party.  Their role is to gather information from both parties, identify common ground, help generate options for settlement and deal with the deadlock and emotions that can often be a barrier to settlement.

Nominet’s mediators all follow the CEDR (Centre for Effective Dispute Resolution) mediator accreditation training and, once accredited, follow a regular programme of Continuing Professional Development.

Why mediate?

Nominet encourages mediation in all its DRS cases (however, this is only possible if both parties have submitted documentation to Nominet regarding the dispute) and settles on average 55% of all cases that enter mediation.  

A mediated settlement has several advantages compared to an Expert decision or the courts:

• It allows the parties to be in control of the resolution of their dispute rather than having a resolution imposed upon them.  
• It allows the parties to be creative in the resolution they reach and settlements often include several components of importance to the parties, not just the future use of the domain name.   
• It can often save the parties money in business time (and possibly legal fees) as it leads to the early resolution of the dispute.  
• It gives the parties certainty as to the outcome of their dispute compared to the risks associated with a decision imposed by a third party.  

However, some parties decide not to settle in mediation because, for example, a complainant may feel that an Expert decision is important to them as a deterrent against the threat of future abusive registrations. Similarly, either party may require an Expert opinion on an important principle relating to domain name registration and/or use.

If you have any questions about the mediation stage of the DRS please do not hesitate to contact one of the DRS team.