ABSTRACT
The main difference between Mediation Boards and Dispute Boards is that whilst Dispute Boards engage in evidence gathering activities and are by their very nature inquisitorial, Mediation Boards seek to resolve disputes through the facilitative approach to mediation or by other “non-invasive” mediation techniques. The basis for this major push by the World Bank to promote the use of mediation is because many frontier countries in which the IFC provides advisory services rank poorly in the area of contract enforcement and efficiency of the judicial system. The parties agree that in the event any dispute arises between the parties in connection with this agreement, its performance, interpretation, application, or enforcement, including but limited to breach thereof which cannot be settled by negotiation, the parties, in good faith, seek to resolve that dispute through mediation. The mediator is not empowered to impose a solution on the parties. Mediation fees, if any, shall be divided equally among the parties involved.
