The BCM Secretariat is the support structure, based in Madrid and in Beijing, which provides for the joint management of the mediation proceedings. The Secretariat which receive mediation requests by Spanish and Chinese businesses and jointly administer mediation cases. The officers of the Secretariat must be impartial, neutral and independent fluent English, Spanish & Chinese speakers.
The Applicant shall fill out the Mediation Request form in English. The form has to be submitted to one of the BMC offices via fax or email. At the same time, the Applicant must pay the administrative fees to the relevant Secretariat office and the administrative fees are unrefundable.
In default, the mediation request will be rejected. The Applicant shall attach any document deemed useful for a better understanding of the case. All documents attached shall be translated into English and will be forwarded to the invited Party unless the Applicant declares that they are confidential.
The Secretariat will promptly notify the mediation request and the annexed materials to the Invited Party. The Invited Party should fill in the Mediation Participation form in writing and respond to the secretariat whether it agree to mediation within 10 working days. At the same time, the invited Party should submit the administrative fees if it agree to participate in the mediation proceedings.
The Secretariat will timely inform the Applicant. If the Invited Party fails to pay the administrative fees in time, the proceedings will be terminated. Should the Invited Party refuse to participate in the proceedings, the Secretariat will inform the Applicant as soon as possible and the proceedings will be terminated.
It is always preferable to insert a mediation clause in contracts, in order to use mediation as a way to resolve disputes.
That is why we suggest the following BMC Standard Mediation Clause:
“Parties agree to submit all disputes arising in connection with this agreement to the mediation attempt managed by the BMC SPAIN – BUSINESS MEDIATION CENTER ASOCIATION to solve the dispute with a mediation agreement in accordance with the Rules adopted by the same BMC Spain- BUSINESS MEDIATION CENTER.”