Can courts enforce agreements to mediate or use other forms of non-binding dispute resolution in commercial disputes?
No, mediation is only used on a voluntary basis. If the parties have agreed to a mediation clause in a contract and a dispute arises in respect of same, the Court, in response to the request of the parties, will order enforcement of the agreed clause before authorizing court action. The same applies in the case of an arbitration clause, in which case the legal authority will recognize the arbitration authority and decline to intervene. d. Are there any organizations that specialize in ADR for commercial disputes not already mentioned? Yes, such organizations do exist. Among these are: the CENTER FOR ARBITRATION AND MEDIATION OF PARAGUAY of the Chamber of Commerce and Stock Exchange of Asuncion and Services of Paraguay;Nuestra Seora de Asuncion Catholic Universitys CENTER FOR MEDIATION; the Mediation Office of the Judicial Branch, and the Community Mediation Program run by INECIP. e. What rules govern confidentiality and admissibility of evidence in other proceedings? The second section
