Before action can be brought before the Pirate Tribunal, a mediation has to take place. To initiate the mediation one party proposes a mediator. The other party may accept or propose another mediator. If the parties cannot agree on a mediator, each party can ask the Pirate Tribunal to appoint a mediator.
Mediation is non-formal, meaning without fixed rules. Arrangements are up to the mediator.
Mediation is indepndent of the Pirate Tribunal. Statements or concessions made during mediation are inadmissable in the arbitration process. Therefore the Pirate Tribunal and its judges must be left out of communication with the mediator and the opposing party.
Mediation is considered failed, if
- one party resuses seriously and permanently to participate in the mediation;
- one party does no react to communication in a reasonable amount of time;
- the mediator pronounces the attempt at conciliation failed.