Since mediation is a fairly flexible process, it is hard to specify in advance the precise format a particular mediation will take. Nevertheless, most cases involve initial contact between the parties and the mediator, when a timetable is discussed, as well as the location of the mediation and the need for any prior exchange of documents. The parties then usually sign an agreement on mediation and send it to the mediator as soon as possible.
In most cases, the mediation is held at the EUIPO premises in Alicante and the parties either come alone or together with their legal representatives. Mediation normally lasts 1 day and will involve an alternation of joint sessions (i.e. in which the mediator and parties are both present) and individual sessions (i.e. where the mediator meets with each of the parties separately and privately). The idea of the joint session is to try to draw up a list of issues to be solved, whereas the individual sessions explore further those issues and possible solutions or compromises.
Everything disclosed to the mediator in the individual sessions is private and may not be disclosed to the other party without prior, express authorisation. Proceedings will usually be closed by further joint sessions and the drafting of a settlement agreement. The case then goes back to the Board of Appeal to which it was originally assigned for a formal decision, noting the closure of the appeal proceedings.
For further information, please consult
EUIPO Boards of Appeal, Mediation, Instructions to Parties.