P2B Online Mediation Rules
Online mediation under Regulation (EU) 2019/1150
SHORT TITLE
OMR
VERSION
Version 1.1
STATUS DATE
10 October 2026
INSTITUTION
Asociación para la Resolución Independiente de Conflictos Online
PORTAL
www.p2b-disputes.online
LEGAL BASIS
Regulation (EU) 2019/1150, in particular Article 12
Legal effect of the Early Resolution Recommendation
The Early Resolution Recommendation is a confidential settlement proposal made within a voluntary mediation. It is not a decision, arbitral award, expert determination, neutral evaluation or formal adjudicatory recommendation. It never binds either Party. Silence is not acceptance. A binding obligation arises only when the Parties sign a Settlement Agreement or use another express acceptance mechanism that clearly states that it creates an immediately binding agreement.
Contents
Preamble
Purpose and regulatory context
Art. 1
Purpose and nature of the procedure
Art. 2
Scope and application
Art. 3
Definitions
Art. 4
Fundamental principles
Art. 5
The Association and assignment of the Case Mediator
Art. 6
Eligibility and prior internal complaints
Art. 7
Request for Mediation and commencement
Art. 8
Initial review, notice and case opening
Art. 9
Written Phase
Art. 10
Participation and good faith
Art. 11
Further information and documents
Art. 12
Early Resolution Recommendation
Art. 13
Responses to the ERR and legal effect
Art. 14
Continued mediation and Online Meeting
Art. 15
Settlement Agreement
Art. 16
Termination and Closure Notice
Art. 17
Confidentiality and without-prejudice status
Art. 18
Role and powers of the Case Mediator
Art. 19
Representatives and settlement authority
Art. 20
Time limits, extensions and non-participation
Art. 21
Fees and allocation of mediation costs
Art. 22
Electronic communications and documents
Art. 23
Data protection, security and technology
Art. 24
Court proceedings, interim relief and limitation periods
Art. 25
Responsibility and limitation of liability
Art. 26
Interpretation, amendments and entry into force
Annex 1
Standard procedural timetable
Annex 2
Minimum information for the Request and Response
Annex 3
ERR response options
Preamble
A. Regulation (EU) 2019/1150 promotes fairness and transparency for business users of online intermediation services. Article 12 requires relevant Providers to identify mediators in their Terms and Conditions and to engage in good faith in mediation requested by Business Users, while preserving each Party's right to commence court proceedings at any time.
B. These Rules establish a simple online procedure in which the Parties first exchange concise written submissions. The Case Mediator then normally issues an Early Resolution Recommendation (ERR) designed to facilitate a rapid settlement. A live or asynchronous mediation stage follows only where the ERR did not settle their dispute based on the ERR.
C. The process is mediation, not arbitration or adjudication. Neither the Association nor the Case Mediator has authority to impose an outcome, determine legal rights or issue an enforceable award.
D. These Rules should be read in conjunction with the applicable Fee Schedule, Privacy Notice, Code of Conduct and technical terms of use of the Portal.
Article 1 - Purpose and nature of the procedure
1.1 These Rules govern online mediation administered by Asociación para la Resolución Independiente de Conflictos Online (the Association) through the Online Portal.
1.2 The principal purpose of the procedure is to help a Business User and a Provider resolve a dispute falling within Regulation (EU) 2019/1150 swiftly, fairly, independently and at proportionate cost.
1.3 The procedure is voluntary and non-adjudicatory. The Case Mediator may facilitate negotiations, identify issues and settlement risks, and make settlement proposals, but may not impose a resolution or determine the Parties' legal rights.
1.4 The procedure is not arbitration, does not result in an arbitral award and does not create a binding precedent. It is not consumer alternative dispute resolution under Directive 2013/11/EU unless the Association has separately obtained any approvals required for that purpose.
1.5 The Association administers the process. It does not act as legal adviser, regulator, court or enforcement authority.
ADROIT is solely a separate cooperation partner in Malta. The Association retains institutional autonomy, and every Case Mediator remains independent and impartial.
Article 2 - Scope and application
2.1 These Rules apply where:
(a) a Provider has identified the Association in its Terms and Conditions and has entered into a standing agreement incorporating these Rules;
(b) the Parties agree to use the Association for a particular dispute; or
(c) the Association accepts a request under another scheme that incorporates these Rules.
2.2 For a standing scheme, the Provider's agreement with the Association constitutes advance procedural consent to administration under these Rules for eligible disputes. The Business User accepts these Rules by accepting the Terms of Services of the Provider and by filing the Request for Mediation.
2.3 Eligible disputes may concern, among other matters, disputes about Terms and Conditions, restriction, suspension or termination of services or accounts, delisting, ranking, differentiated treatment, access to data, ancillary goods or services, restrictions on offering goods or services through other channels, internal complaint handling, payments, fees or other contractual matters connected with Online Intermediation Services.
2.4 A dispute involving an Online Search Engine or a Corporate Website User may be administered under these Rules only where the Parties agree or where another applicable instrument so provides. Article 12 of the P2B Regulation is directed principally to disputes between Business Users and Providers of Online Intermediation Services.
2.5 The exemption in Article 12(7) of the P2B Regulation for Providers that are small enterprises does not prevent such a Provider from participating voluntarily.
2.6 The Association may decline or discontinue a case that manifestly falls outside the agreed scheme, is incapable of lawful settlement or is abusive under these Rules. An administrative eligibility decision is not a determination of the merits or of jurisdiction by a court.
Article 3 - Definitions
3.1 Terms derived from Article 2 of the P2B Regulation are reproduced or closely paraphrased below. Unless the context requires otherwise, the singular includes the plural and vice versa.
Defined term
Meaning
Ancillary Goods and Services
Goods and services offered to a Consumer prior to the completion of a transaction initiated through Online Intermediation Services, in addition to and complementary to the primary good or service offered by the Business User.
Applicant
The Business User or other Party that submits a Request for Mediation.
Authorised Representative
A lawyer, employee, trade association representative or other person authorised to act for a Party in the mediation.
Business User
Any private individual acting in a commercial or professional capacity who, or any legal person which, through Online Intermediation Services offers goods or services to Consumers for purposes relating to that person's trade, business, craft or profession.
Case File
The Request, Response, permitted further submissions, documents, procedural communications, the ERR and any settlement or closure document held by the Association for a case, including all related correspondence with the parties.
Case Mediator
The independent and impartial natural person assigned by the Association to conduct a particular mediation. Assignment is an administrative act of the Association acting as mediation platform provider.
Confidential Information
Any non-public information disclosed for the mediation, including submissions, documents, statements, admissions, settlement positions, written communications and the ERR, subject to Article 17.
Consumer
Any natural person who is acting for purposes which are outside that person's trade, business, craft or profession.
Contract Language
The language, or one of the languages, in which the Provider's Terms and Conditions governing the relationship with the Business User are made available.
Control
Ownership of, or the ability to exercise decisive influence over, an undertaking within the meaning of Article 3(2) of Council Regulation (EC) No 139/2004.
Corporate Website User
Any natural or legal person which uses an Online Interface to offer goods or services to Consumers for purposes relating to that person's trade, business, craft or profession.
Durable Medium
Any instrument which enables a Business User to store information addressed personally to it in a way accessible for future reference for a period adequate to the purposes of the information and which allows the unchanged reproduction of the information stored.
Early Resolution Recommendation or ERR
A confidential and non-binding settlement proposal prepared by the Case Mediator under Article 12 after the Written Phase. The title Recommendation is descriptive only. An ERR is not a formal recommendation of an adjudicatory nature, a decision, award, expert determination, neutral evaluation, legal opinion or finding of fact or law.
Electronic Signature
An electronic signature recognised by applicable law or accepted by the Association as reliably identifying the signatory and indicating an intention to sign.
Information Society Service
A service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services, within the meaning of Article 1(1)(b) of Directive (EU) 2015/1535.
Institution
The Association as the mediation organisation named on the cover of these Rules and designated or agreed to administer the mediation. The Association is distinct from the individual Case Mediator.
Mediation
A structured process, however named or referred to, whereby two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on settlement of their dispute with the assistance of a mediator. It may be initiated by the parties, suggested or ordered by a court, or prescribed by law, but excludes attempts made by the court or judge to settle a dispute in the course of judicial proceedings.
Online Interface
Any software, including a website or part of a website, and applications, including mobile applications, through which goods or services may be offered.
Online Intermediation Services
Services that cumulatively: (a) constitute Information Society Services; (b) allow Business Users to offer goods or services to Consumers with a view to facilitating the initiation of direct transactions between those Business Users and Consumers, irrespective of where those transactions are ultimately concluded; and (c) are provided to Business Users on the basis of contractual relationships between the Provider and the Business Users which offer goods or services to Consumers.
Online Meeting
A joint meeting or private caucus conducted by video conference, telephone, secure messaging or another remote method directed by the Case Mediator.
Online Search Engine
A digital service that allows users to input queries in order to perform searches of, in principle, all websites or all websites in a particular language on the basis of a query on any subject in the form of a keyword, voice request, phrase or other input, and returns results in any format in which information related to the requested content can be found.
Party or Parties
The Applicant and the Respondent, individually or together.
P2B Regulation
Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services, as amended or replaced.
Platform
A convenient shorthand in these Rules for the Online Intermediation Services concerned. It does not alter the statutory definitions or determine whether a service falls within the P2B Regulation.
Online Portal
The Association's secure online system used to submit, receive, store and manage communications and documents in the mediation.
Provider
A Provider of Online Intermediation Services, providers of online search engines or any other respondent that has agreed to mediate under these Rules.
Provider of Online Intermediation Services
Any natural or legal person which provides, or offers to provide, Online Intermediation Services to Business Users.
Provider of an Online Search Engine
Any natural or legal person which provides, or offers to provide, an Online Search Engine to Consumers.
Ranking
The relative prominence given to goods or services offered through Online Intermediation Services, or the relevance given to search results by Online Search Engines, as presented, organised or communicated by the respective providers, irrespective of the technological means used for that presentation, organisation or communication.
Request
The structured Request for Mediation submitted by an Applicant through the Online Portal under Article 7.
Respondent
The Provider or other Party against which the Request is directed.
Response
The Respondent's written reply to the Request under Article 9.
Settlement Agreement
A written agreement signed by the Parties that records a settlement reached in the mediation and is intended by them to be legally binding.
Small Enterprise
An enterprise within the meaning of the Annex to Commission Recommendation 2003/361/EC which employs fewer than 50 persons and has an annual turnover and/or annual balance sheet total not exceeding EUR 10 million, applying the rules concerning autonomous, partner and linked enterprises.
Terms of Service
All terms and conditions or specifications, irrespective of their name or form, which govern the contractual relationship between a Provider of Online Intermediation Services and its Business Users and are unilaterally determined by that Provider. Whether terms are unilaterally determined is assessed on the basis of an overall assessment; the relative size of the parties, the fact that negotiation took place, or that some provisions were subject to negotiation or jointly determined is not in itself decisive.
Working Day
A day other than Saturday, Sunday or a public holiday at the seat of the Association. A deadline expiring on a non-Working Day moves to the next Working Day.
Written Phase
The exchange of the Request, Response and any further written submission expressly permitted by the Case Mediator before the ERR.
Article 4 - Fundamental principles
4.1 The mediation shall be conducted independently, impartially, fairly, confidentially, efficiently and in a manner proportionate to the value, complexity and urgency of the dispute.
4.2 Each Party remains in control of whether to commence, continue or terminate the mediation and whether to accept any settlement. No Party is required to settle.
4.3 Each Party shall have a reasonable opportunity to present the information it considers material, to respond to material information provided by the other Party and to participate through an accessible remote process.
4.4 The Parties and their representatives shall cooperate with the Case Mediator and the Association and shall participate honestly and in good faith. Good faith does not require a Party to make concessions, accept the ERR, disclose legally privileged material or abandon any legal position.
4.5 The mediation is without prejudice to the right of either Party to seek judicial or other legal redress at any time.
Article 5 - The Association and assignment of the Case Mediator
5.1 Where the Association is identified in the Provider's Terms and Conditions, it should be identified as one of at least two separate mediation service providers or mediation organisations meeting the requirements of Article 12 of the P2B Regulation. The Provider is responsible for the content and legal compliance of its Terms and Conditions.
5.2 The Provider's identification of the Association does not identify or appoint a particular natural person. After a case is opened, the Association shall assign one Case Mediator without a separate nomination or respective selection by the Parties.
5.3 The Association shall assign a Case Mediator having regard to independence, impartiality, availability, relevant commercial and legal experience, the Contract Language, accessibility and the nature of the dispute.
5.4 Before accepting the assignment, the Case Mediator shall disclose any circumstance that may reasonably give rise to doubt as to independence or impartiality. The duty of disclosure continues throughout the mediation.
5.5 A Party may object to the assigned Case Mediator within three Working Days after notice of assignment, stating the material grounds. The Association shall decide the objection promptly and may reassign the case at its sole discretion. That decision shall be final.
5.6 The Parties may jointly agree upon another mediator. The Association may accept that person as Case Mediator or terminate its administration if the person is outside the Association's panel or cannot act under these Rules.
5.7 A Case Mediator shall not later act as arbitrator, adjudicator, expert or adviser for a Party in the same dispute unless all Parties give informed written consent after the mediation has ended and applicable professional rules permit it.
Article 6 - Eligibility and prior internal complaints
6.1 Use of the Provider's internal complaint-handling system is encouraged because the resulting notices, explanations and records often assist settlement. It is not a mandatory condition for filing under these Rules unless a directly applicable rule of law provides otherwise.
6.2 The Applicant shall state whether it used an internal complaint process and shall provide the complaint, the Provider's response and any relevant case reference where available.
6.3 The Association or Case Mediator may suggest a short pause to allow an internal review to finish, but only where this is likely to assist settlement and does not unfairly delay the case. Either Party may decline the pause.
6.4 The existence of court, regulatory, arbitral or other proceedings does not automatically make a dispute ineligible. The Applicant shall disclose material parallel proceedings, and the Case Mediator may discuss with the Parties whether mediation should continue, be limited or be paused.
Article 7 - Request for Mediation and commencement
7.1 The Applicant starts the mediation process by submitting a Request through the Online Portal and paying the applicable filing fee as stated in the Fee Schedule.
7.2 The Request shall contain the information listed in Annex 2 and shall:
(a) identify the Parties and the relevant Platform account, listing, service or transaction;
(b) give a concise chronology and identify the disputed act, omission, term or decision;
(c) state the outcome sought and any settlement already proposed;
(d) attach the material documents, including applicable Terms and Conditions, policies, notices and internal complaint records; and
(e) confirm authority, confidentiality and acceptance of these Rules.
7.3 The free text explanations submitted with the Request should not normally exceed ten pages. Documents may be attached separately and should be indexed where practicable.
7.4 The mediation formally commences when the Association confirms that the Request is sufficiently complete, opens the case and allocated a case number. That confirmation does not suspend any statutory, contractual or procedural time limit.
Article 8 - Initial review, notice and case opening
8.1 The Association shall normally review the Request within three Working Days. The review is limited to completeness, apparent eligibility, conflict screening and fee administration; it is not an assessment of the merits of the case.
8.2 If material information is missing, the Association may require the Applicant to provide it within five Working Days. If the Applicant does not do so, the Association may close the file without prejudice to a another Request in the future.
8.3 Once the case is opened, the Association shall notify the Respondent through its designated contact and provide access to the Request and all non-confidential attachments.
8.4 Where the Provider has entered into a standing scheme agreement, no additional case-specific appointment of the Association or Case Mediator is required. Where no standing consent exists, the Association shall invite the Respondent to consent within five Working Days.
8.5 The Association shall assign the Case Mediator as soon as reasonably practicable after the case is opened and any required case deposit is secured.
Article 9 - Written Phase
9.1 The procedure shall normally begin and, where possible, be resolved on the basis of written submissions and documentation submitted through the Online Portal.
9.2 The Respondent shall submit its Response within ten Working Days after notice of the case, unless the Association or Case Mediator determine another timeline at their discretion.
9.3 The Response shall contain the information listed in Annex 2, address clearly all material allegations, indicate agreeableness regarding therequested outcome, explain the Respondent's position insufficient detail, identify any confidentiality or disclosure restrictions, and include andocuments supporting the Respondent’s position. The free text explanations should not normally exceed four pages.
9.4 There shall be no automatic reply or rejoinder. The Case Mediator may invite one concise further submission within three Working Days, where necessary for fairness or to clarify factual or legally material issues.
9.5 Submissions and documents relied upon for the ERR shall ordinarily be accessible to both Parties. A Party may provide information privately only with the Case Mediator's permission and must identify the reason. The Case Mediator shall not disclose private information without authorisation, but may decline to rely on it when formulating the ERR.
9.6 Formal rules of evidence do not apply. The Case Mediator may rely on the truthfulness,actuality, , completeness any information submitted to the process without being duly and explicitly challenged by the opposing party and without making a binding evidential ruling.
9.7 The Contract Language shall normally be used. The Case Mediator may permit another language and may request a translation or summary where reasonably necessary.
Article 10 - Participation and good faith
10.1 Each Party shall respond within the procedural timelines, provide accurate contact details, ensure that a person with authority to represent the party is duly involved, and avoid conduct designed merely to delay or frustrate the mediation.
10.2 The Provider should provide the reasons, factual basis and policy provisions material to a challenged restriction, suspension, termination, ranking treatment or other decision, subject to legal privilege.
Information relating to or affecting investigations or other measures related to the prevention of fraud, money laundering and terrorist financing or other criminal activities as well as internal information and procedures related to data protection, cyber security, trade-secret and confidential third-party information shall not be disclosed..
10.3 Where full disclosure cannot reasonably be made, the Party concerned should provide a redacted document, meaningful summary or other explanation sufficient to support productive mediation, to the extent legally and operationally possible.
10.4 A Party's refusal to accept the ERR, maintain a legal position or decline a particular settlement term does not by itself constitute bad faith.
10.5 The Association may record objective procedural facts, such as whether a Party responded or attended. It shall not issue a binding determination that a Party breached Article 12 or failed to act in good faith, unless that party consistently fails to engage within the procedural timelines.
The Association decides entirely on the basis of the information provided by the parties, who have the sole responsibility to provide the complete information supporting their position.
Article 11 - Further information and documents
11.1 The Case Mediator may (but is under no obligation to) ask targeted questions or request specified documents where necessary to understand the dispute or formulate a useful settlement proposal. A response shall be due within five Working Days unless another timeline was set.
11.2 The Case Mediator has no investigative or coercive power, is not required to obtain evidence independently and will proceed exclusively based on the material made available by the parties or decline to issue an ERR if the information on file is insufficient.
11.3 The Case Mediator may refer to publicly available information, legal materials and commonly known commercial practices. No disputed factual material obtained outside the Case File shall be relied upon without giving the Parties a fair opportunity to comment.
11.4 Late material may be disregarded where admitting it would cause unfairness or disproportionate delay. The Case Mediator may permit it on appropriate terms, including a short opportunity for the other Party to respond.
Article 12 - Early Resolution Recommendation
Core rule
The ERR is an early attempt to find a settlement between the parties based on the information exchanged in the Written Phase. It is confidential and non-binding. It is designed to reduce the need for live meetings where possible, not to adjudicate the dispute.
12.1 After the Written Phase is complete, the Case Mediator will issue an ERR within seven Working Days unless a different timeline was set based on the circumstances of a particular case.
12.2 The Case Mediator may omit or defer the ERR where the Parties jointly opt out, the information is materially insufficient, a direct meeting is deemed more suitable, an immediate settlement has become likely, the dispute is inappropriate for a written proposal, or issuing an ERR would otherwise be unfair or unproductive.
12.3 The ERR should ordinarily be concise and may include:
(a) a neutral summary of the dispute and the relief sought;
(b) the principal commercial, operational or legal risks and interests relevant to settlement;
(c) assumptions or information gaps affecting the proposal;
(d) proposed settlement terms, implementation steps and timetable; and
(e) questions or options for any continued mediation.
12.4 The Case Mediator may identify competing arguments and settlement risks but shall not purport to make dispositive findings of fact or law, determine liability, declare a term valid or invalid, order reinstatement or payment, or give legal advice.
12.5 The title Early Resolution Recommendation is descriptive only. The ERR is a mediator's settlement proposal made within a voluntary mediation. It is not a formal recommendation of an adjudicatory nature, legal evaluation, expert determination, decision, judgment or arbitral award.
12.6 The ERR does not create precedent, does not bind the Case Mediator in any continued mediation and may differ from the outcome that a court, authority or tribunal would reach.
12.7 The same Case Mediator may continue to conduct the mediation after issuing the ERR. Issuing the ERR does not, as such , affect the Case Mediator's independence or impartiality.
Article 13 - Responses to the ERR and legal effect
13.1 Each Party shall respond through the Portal within five Working Days by selecting one of the options in Annex 3 and may add concise comments or proposed variations.
13.2 Unless the Party authorises disclosure, the Case Mediator shall treat each response as confidential and shall disclose only whether the ERR has been jointly accepted, whether a variation is proposed, or whether continued mediation will occur.
13.3 The ERR is never binding by itself. Failure to respond is not acceptance, an admission, a waiver, evidence of bad faith or a basis for an adverse inference or cost consequence.
13.4 Joint acceptance of the ERR constitutes agreement in principle only. It becomes legally binding when the Parties sign a Settlement Agreement, unless they expressly use an electronic acceptance form that clearly states, before acceptance, that the completed form itself creates an immediately binding settlement.
13.5 A conditional acceptance or proposed variation is not acceptance of the ERR. The Case Mediator may circulate or reformulate the proposal and invite a further response.
13.6 Rejection of the ERR does not prejudice any Party's legal position and shall not be disclosed or relied upon in any court, arbitral, administrative or other proceeding except where disclosure is required by law.
Article 14 - Continued mediation and Online Meeting
14.1 If the ERR is not jointly accepted and the Parties wish to continue, the Case Mediator shall normally arrange an Online Meeting within ten Working Days.
14.2 The Case Mediator may conduct the continued mediation by joint video or telephone meeting, private caucuses, secure written messaging, asynchronous exchange, or a combination of these methods.
14.3 A single meeting of up to ninety minutes shall be the default. The Case Mediator may extend it or arrange a further meeting where proportionate and covered by the Fee Schedule or the Parties' agreement.
14.4 The Case Mediator may make revised or alternative settlement proposals during the continued mediation. Such proposals have the same non-binding and confidential status as the ERR unless incorporated into a signed Settlement Agreement.
14.5 A physical meeting shall occur only exceptionally and with the agreement of the Parties and the Association.
Article 15 - Settlement Agreement
15.1 Where settlement is reached, the Case Mediator or Institution may record the agreed terms in a draft Settlement Agreement or term sheet. Each Party remains responsible for reviewing the legal, tax, regulatory and practical effect of the terms.
15.2 A Settlement Agreement should identify the Parties, the matters settled, obligations and deadlines, any payment or reinstatement mechanics, confidentiality terms, allocation of mediation costs, waivers, and the law and forum applicable to the Settlement Agreement where appropriate.
15.3 The Settlement Agreement may be signed electronically. Each signatory represents that it has authority to bind the relevant Party.
15.4 A signed Settlement Agreement is binding as a contract according to the law applicable to it. It is not automatically an arbitral award, court order or other directly enforceable instrument. The Parties may separately take lawful steps to formalise or enforce it.
15.5 The Association and Case Mediator do not guarantee the validity, regulatory approval, performance or enforceability of a Settlement Agreement.
Article 16 - Termination and Closure Notice
16.1 The mediation ends when:
(a) the Parties sign a Settlement Agreement;
(b) a Party gives notice that it withdraws or no longer wishes to continue;
(c) the Case Mediator concludes that further efforts are unlikely to assist a settlement;
(d) a Party does not participate within the applicable deadline and the Case Mediator or Institution closes the case;
(e) the case becomes ineligible, unlawful, abusive or impossible to administer fairly;
(f) required fees or deposits are not paid; or
(g) another ground stated in these Rules applies.
16.2 The Association shall issue a brief Closure Notice stating the date and procedural reason for closure. Unless the Parties agree otherwise, it shall not state conclusions on the merits, legal liability, good faith or the reasonableness of rejecting a settlement proposal.
16.3 Where a Party does not respond, the Closure Notice may record the objective fact of non-participation but shall not deem the ERR accepted or determine a breach of the P2B Regulation.
16.4 The Association may refuse repeated requests that are manifestly frivolous, vexatious or abusive after giving the Applicant a reasonable opportunity to comment.
Article 17 - Confidentiality and without-prejudice status
17.1 The mediation, including the Case File, settlement communications, private caucuses and the ERR, is confidential and conducted on a without-prejudice basis to the fullest extent permitted by applicable law.
17.2 A Party shall not disclose or rely upon in another proceeding:
(a) views, admissions, concessions, offers or proposals made for the mediation;
(b) the ERR or any response to it;
(c) a willingness to accept or reject a proposal; or
(d) documents created solely for the mediation.
17.3 Article 17.2 does not prevent disclosure:
(a) required by law, court order or a competent authority;
(b) reasonably necessary to obtain professional advice, protect or pursue a legal right, or enforce a Settlement Agreement;
(c) of information that is public or independently available outside the mediation; or
(d) authorised in writing by the Parties concerned.
17.4 Information given privately to the Case Mediator shall not be disclosed to another Party without permission, subject to any overriding legal obligation. If non-disclosure prevents fair use of the information, the Case Mediator may decline to rely on it.
17.5 No Party shall record an Online Meeting without the prior written consent of all participants and the Association.
17.6 The Parties undertake, so far as legally permissible, not to call the Case Mediator or Institution personnel as witnesses or require production of mediation materials. The Association may disclose anonymised and aggregated data for reporting, quality control and research.
Article 18 - Role and powers of the Case Mediator
18.1 The Case Mediator shall manage the process, facilitate communication, identify interests and settlement options, test the practical consequences of positions and, where appropriate, issue the ERR.
18.2 The Case Mediator may set or vary reasonable procedural directions, request information, hold joint or private sessions, suggest pauses, reformulate settlement terms and terminate the mediation under Article 16.
18.3 The Case Mediator may not compel evidence, summon witnesses, grant interim relief, impose sanctions, make binding factual or legal findings, order a remedy or give legal advice to a Party.
18.4 The Case Mediator may decline to assist with a proposed term that appears unlawful, impossible, fraudulent, abusive or inconsistent with professional obligations.
Article 19 - Representatives and settlement authority
19.1 A Party may act directly or through an Authorised Representative. Legal representation is permitted but not required.
19.2 The Association or Case Mediator may require reasonable evidence of identity, corporate authority or authority to represent a Party.
19.3 Each Party shall ensure that a person able to make or obtain timely settlement decisions participates in any Online Meeting. A representative who lacks final authority shall identify the approval process and expected timing.
19.4 A Business User may be assisted by a trade association or other support person, subject to confidentiality and the Case Mediator's control of the process.
Article 20 - Time limits, extensions and non-participation
20.1 Time limits are calculated in Working Days. A communication uploaded before 23:59 at the seat of the Association is treated as submitted that day.
20.2 The Case Mediator or Institution may extend a deadline for good reason, including complexity, translation, accessibility needs, technical failure or an active settlement discussion. Extensions should remain exceptional, short and proportionate.
20.3 The Association aims to conclude a standard case within thirty Working Days after assignment of the Case Mediator. Complex cases should normally conclude within sixty Working Days. These are targets, not jurisdictional deadlines.
20.4 If a Party fails to respond, the Association shall normally send one reminder and allow three further Working Days. The Case Mediator may then proceed on the available information, omit the ERR, or close the case.
20.5 No default decision or binding result may be issued. Non-participation does not constitute acceptance of the Request, the ERR or any settlement term.
Article 21 - Fees and allocation of mediation costs
21.1 Fees, deposits, cancellation charges and included services are stated in the Fee Schedule or the Provider's scheme agreement with the Association.
21.2 For a mediation falling within Article 12 of the P2B Regulation, the Provider shall bear a reasonable proportion of the total mediation costs in the individual case.
21.3 Upon the conclusion of the case, the Case Mediator shall suggest the reasonable proportion to be borne by the Provider, having regard to all relevant elements, including the relative merits of the Parties' positions, their conduct during the mediation, and their relative size and financial strength.
21.4 A cost suggestion is not a merits decision or costs award and does not determine the substantive rights of the Parties. It is issued for the purposes of Article 12(4). The Association shall reflect it in the final fee allocation to the extent required by applicable law and the Provider's standing scheme agreement. Provisional deposits do not determine the final allocation.
21.5 Rejecting the ERR, declining a settlement term or commencing court proceedings shall not by itself justify an adverse allocation of mediation costs.
21.6 Each Party bears its own legal, expert, translation and internal costs unless a Settlement Agreement provides otherwise.
Article 22 - Electronic communications and documents
22.1 The Portal is the primary channel for all case communications and documents. Email or another method may be used for notifications or where the Portal is unavailable.
22.2 A communication is treated as received when it becomes accessible in the Portal and the recipient is notified, or when it is delivered to the designated email address, subject to proof of material technical failure.
22.3 Electronic copies may be relied upon unless authenticity is disputed. The Case Mediator may request a clearer copy, metadata, original or verification where proportionate.
22.4 Electronic signatures and confirmations on a Durable Medium are accepted where they reliably identify the person and were made in order to indicate a certain intent.
22.5 Each Party is responsible for maintaining a secure account, monitoring notifications, protecting access credentials and promptly reporting a technical or security issue.
Article 23 - Data protection, security and technology
23.1 The Association shall process personal data in accordance with applicable data protection law and its Privacy Notice. The Parties shall submit only personal data reasonably necessary for the mediation.
23.2 The Parties shall identify particularly sensitive personal data, trade secrets or legally protected information and use available redaction or restricted-access functions where appropriate.
23.3 The Association shall apply reasonable technical and organisational measures to protect the Portal and Case File. No electronic system can be guaranteed to be entirely secure or continuously available.
23.4 Case data shall be retained for the period stated in the Privacy Notice or as required by law, scheme reporting, audit, accounting or the establishment, exercise or defence of legal claims, and shall then be deleted or anonymised as appropriate.
23.5 Automated or artificial-intelligence tools may be used for clerical support, such as document organisation, transcription, translation assistance or deadline management, only under appropriate controls. No solely automated system shall act as Case Mediator, decide the merits or issue an ERR without a human Case Mediator, who remains responsible for every settlement proposal.
Article 24 - Court proceedings, interim relief and limitation periods
24.1 Participation does not prevent either Party from commencing, continuing or defending court, arbitral, administrative or regulatory proceedings at any time.
24.2 The mediation does not automatically suspend or extend a limitation period, contractual deadline, appeal period, notice period or time for seeking interim relief under applicable law. Each Party is responsible for preserving its rights.
24.3 The Association and Case Mediator cannot grant interim measures. A Party may seek urgent relief without terminating the mediation and should notify the Case Mediator where lawful and relevant.
24.4 The Case Mediator may discuss how parallel proceedings affect the timetable but shall not determine the jurisdiction or competence of a court, authority or tribunal.
Article 25 - Responsibility and limitation of liability
25.1 The Parties remain responsible for their submissions, decisions, settlement terms, legal advice, compliance obligations and performance of any Settlement Agreement.
25.2 The Association and Case Mediator do not guarantee that a settlement will be reached or that a Party, court, authority or third person will accept any view or proposal expressed in the mediation.
25.3 To the fullest extent permitted by applicable law, the Association, Case Mediator and their officers, employees and contractors shall not be liable for an act or omission in connection with the mediation except in the case of fraud, wilful misconduct or gross negligence, or where liability cannot lawfully be excluded or limited.
25.4 Nothing in these Rules excludes a duty or liability that cannot be excluded under mandatory law.
Article 26 - Interpretation, amendments and entry into force
26.1 The Association may interpret these Rules for administrative purposes. The Case Mediator may interpret them for management of the individual case. Neither may use an interpretation to impose a substantive settlement outcome.
26.2 The version in force at the time the case is opened shall be applicable to the case unless the Parties and the Association agree otherwise or a mandatory legal change requires another approach.
26.3 The Association regularly amends these Rules. Material amendments shall be published on the Association’s website with their effective date.
26.4 If the P2B Regulation is amended, repealed or replaced, these Rules shall continue to apply to the extent lawfully incorporated by agreement, subject to any mandatory transitional provision and any amendment issued by the Association.
26.5 If a provision is invalid or unenforceable, it shall be read down or severed to the minimum extent necessary, and the remaining provisions shall continue to apply.
26.6 The English version governs in the event of inconsistency between language versions. These Rules enter into force on 10 October 2026.
Annex 1 - Standard procedural timetable
Stage
Default timing
Principal action
Request
Day 0
Applicant files the Request, documents and any filing fee.
Initial review
Within 3 Working Days
Institution checks completeness, apparent eligibility and conflicts.
Correction
Within 5 Working Days
Applicant supplies missing information if requested.
Notice and assignment
Promptly after opening
Respondent receives access; Institution assigns the Case Mediator.
Response
Within 10 Working Days
Respondent files a concise Response and documents.
Limited further submission
Within 3 Working Days
Only if invited by the Case Mediator.
ERR
Within 7 Working Days after file completion
Case Mediator issues the non-binding Early Resolution Recommendation.
ERR responses
Within 5 Working Days
Each Party accepts, rejects, proposes a variation or requests continued mediation.
Online Meeting
Within 10 Working Days if required
One remote meeting or asynchronous mediation stage.
Target conclusion
Within 30 Working Days after assignment
Settlement Agreement or Closure Notice; up to 60 Working Days for complex cases.
Annex 2 - Minimum information for the Request and Response
A. Request
• Applicant's legal name, registration details, address, contact person and representative, if any.
• Provider's legal name and designated mediation contact.
• Platform, account identifier, listing, service, territory and Contract Language.
• Confirmation that the Applicant acts as a Business User and, where relevant, offers goods or services to Consumers in the European Union.
• Concise chronology and description of the disputed decision, conduct, term or omission.
• Relevant notices, statements of reasons, Terms and Conditions and linked policies in force at the material time.
• Internal complaint reference, submissions and outcome, if available.
• Relief or practical outcome sought, amount claimed if any, and settlement proposals already made.
• Parallel court, regulatory, arbitral or other proceedings and urgent deadlines.
• Material supporting documents and explanation of any information that cannot be disclosed.
• Confirmation of authority, accuracy, confidentiality and acceptance of the Rules.
Proof of due appointment of any legal representatives.
B. Response
• Respondent's legal name, contact person, representative and confirmation of authority.
• Clear response to each material allegation and to the outcome requested.
• The contractual, policy, factual, operational or legal basis relied upon.
• For a restriction, suspension or termination: the notice, specific reasons, relevant facts, prior warnings and any opportunity given to clarify the facts.
• For a ranking or differentiated-treatment dispute: the relevant parameters or policies and an explanation proportionate to the dispute, without requiring disclosure of protected algorithms or trade secrets.
• Internal complaint records and any review or reinstatement assessment.
• Settlement position and practical alternatives, including partial or staged remedies.
• Material supporting documents, with redactions or summaries where full disclosure is restricted.
• Parallel proceedings and urgent deadlines.
• Confirmation of authority, accuracy and confidentiality.
Annex 3 - ERR response options
Response deadline
Each Party should select one option within five Working Days. A failure to respond is treated as non-acceptance and has no deemed legal effect.
Option 1 - Accept in principle
The Party accepts the ERR as the basis for preparing a Settlement Agreement. No binding agreement arises until the agreed settlement document is signed, unless the electronic form expressly provides otherwise.
Option 2 - Accept subject to clarification
The Party agrees with the proposed resolution but identifies limited drafting, timing or implementation points requiring clarification. This is not an unconditional acceptance.
Option 3 - Propose a variation
The Party does not accept the ERR as drafted but proposes specified alternative terms for the Case Mediator to transmit or reformulate.
Option 4 - Decline, continue mediation
The Party does not accept the ERR but wishes to participate in an Online Meeting or further asynchronous mediation.
Option 5 - Decline and terminate
The Party does not accept the ERR and does not wish to continue. The Association will issue a neutral Closure Notice.