Guide to Mediation
Mediation is a process used throughout the world to help people reach an agreement. Below is some general information that can help people prepare for mediation during the domain name dispute process.
Before submitting your application on our Online Dispute Resolution platform, we strongly recommend you view our e-learning tool and can see how it works. This will save you time and make things easier by familiarising yourself with the platform you will be using.
E-Learning Portal [External Link]
Prepare yourself for mediation.
Here is a short video with some top tips on preparing for mediation
How to prepare for your mediation [Youtube Link]
Some things to consider before a domain name dispute mediation:
- Any ongoing cost of the dispute (in terms of time spent, and any advice you are receiving, stress).
- Your best alternative is if this matter is not resolved at mediation.
- If there is another domain name that might be suitable for your business.
- Ensuring a quiet, confidential space with good wi-fi for your online meetings.
- Ensure that the decision maker is part of the mediation and can sign the settlement agreement.
- That you have familiarised yourself with the technology. (link to e-learning)
What happens after mediation?
Many people reach an agreement at mediation. Following mediation, parties are responsible for making the things that they agreed to happen. This includes ensure the correct amount of money is paid and actioning anything required within the specified timeframe.
The DNCL and the mediator are no longer involved in the matter and cannot provide advice on how to fulfil the terms of a settlement agreement.
Enforcement of a settlement agreement
If parties used our settlement agreement, they are empowering DNCL to take certain steps to enforce the agreement.
DNCL has authority to enforce a transfer at the Registry, but will only take that action where any agreed payment has been made. Regardless of whether DNCL has authority to enforce, 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.
Parties can enter into their own settlement agreement that they agree on but, unless the standard terms are used, it is unlikely that DNCL can assist with any enforcement.
No settlement agreement
If no agreement is reached at mediation, parties still have options.
DNCL provides an expert determination process at a fee of $2000.00 GST, payable at the time of application. For information on this service, please click here.
Alternatively, parties can make an application to the District Court. DNCL is unable to provide advice on this process.