MediMARE Game - Damaged Cargo
MediMARE GAMES are a series of games related to the project's main issues in order to promote the knowledge and reflection about maritime disputes and mediation.
Damaged Cargo
In this game,the player will be able to think about a cargo damaged situation.
When damage is caused to the cargo that was in a container, it is important to define legal liability for loss or damage to goods between all transport members in a Combined Transport or Through Transport Operation. Sometimes it is hard to define when the damage happened since the container is closed during the transportation.
According to UNCITRAL Mediation Rules 2021, article 1, number 2 “(…) The mediator shall not have the authority to impose upon the parties a solution to the dispute”.
Also, according to UNCITRAL Mediation Rules 2021, article 3, number 4,“ In recommending or selecting individuals to act as mediator, the institution or person shall have regard to:
- The professional expertise and qualifications of the prospective mediator, experience as a mediator and ability to conduct the mediation;
- Any relevant accreditation and/or certification awarded to the prospective mediator by a recognized professional mediation standards body;
- The availability of the mediator; and
- Such considerations as are likely to secure the appointment of an independent and impartial mediator”.
It does not seem like the mediator you choose will have all these characteristics. But, you are allowed to make your choices.
In the middle of the procedure you heard (from secure sources) that the mediator was passing information that you disclosed during a caucus section to the maritime transporter.