
Mediation is one of the cornerstones of our Dispute Resolution Service (DRS). It 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 registrant 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 or the registrant 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.
Detailed information about mediators and mediation is available on our FAQ page.