How mediation works
In mediation, parties speak for themselves and work together to negotiate an agreement with help from an accredited mediator. Mediation is proven to be:
- more co-operative and active than other domain dispute resolution options, such as courts and tribunals,
- more informal than some of our other processes, such as expert determinations and appeals,
Mediation is voluntary and any agreements reached within mediation must be in writing to be legally binding. We have fully qualified mediators available to assist you to reach a resolution.
Our mediation process is conducted through our ODR platform. This means you can participate in mediation via video conferencing from your own office and have the option to nominate dates and times that work for you.
We would like to reassure you that the mediation stage is confidential and without prejudice to your rights and remedies in the dispute resolution service or in any court.
If you reach an agreement by mediation, there is a written settlement agreement that both parties are asked to sign recording:
- What steps the parties have agreed to take to change their preferences for the domain name
- What money needs to be exchanged
- The date and mechanism of the exchange of monies
- That this is the final agreement and is legally binding.
Parties can enter into a non-standard settlement agreement that they agree on, but unless the standard terms are used, it is unlikely that DNCL can assist with any enforcement.
Information about Enforcement
If the parties use the standard platform settlement agreement, they are empowering DNCL to take certain steps to enforce the agreement.
Specifically, DNCL has the authority to enforce a conflicted name change of preference by changing the preference in the conflicted names database, but will only take that action where any agreed payment has been paid.
However, DNCL may, at its absolute discretion, decline to enforce agreements in which case the parties may look at other options including going to court to enforce the agreement.