The Google Play Mediation Scheme

CEDR is an independent organisation providing mediation and other alternative dispute resolution processes to businesses, consumers, central and local government, and trade bodies.

CEDR will process and administer requests for mediation which are referred to the Scheme, and provide experienced and highly skilled mediators to facilitate settlement between developers and Google.

If you are a developer with a covered dispute with Google and you would like to apply for mediation under the Scheme please see below for further information on how mediation can help you reach a resolution.

Mediation is a flexible, confidential, and impartial process conducted without prejudice to a party’s legal position whereby a neutral third party mediator aids disputing parties in negotiating to reach a mutually agreeable resolution.

Mediation is less formal, but faster and cheaper than traditional litigation/arbitration. Mediation puts the parties in control of the outcome and provides an opportunity for them to work together to devise creative and innovative solutions which may benefit all parties.

The mediator is an accredited and experienced neutral third party who conducts the mediation and facilitates the negotiations. A mediator does not usually make any decision on the merits of a dispute but manages the process, so the parties remain in ultimate control of the outcome and the terms of any settlement.

For further information on what to expect from a mediation under the Scheme and how mediation works, view the video about mediation hosted by CEDR co-founder and Principal Mediator, Eileen Carroll KC (Hon) here.

Eligibility 

Step 1:

Developers who have an issue or complaint regarding Google’s application of Google Play’s policies to apps offered through Google Play to users in the EEA may challenge an enforcement action through Google Play’s internal appeals process.  Additional information on how to launch an appeal is available on this page. 

If you are not satisfied with Googles’ determination of your appeal and you are a developer offering apps to users in the EEA pursuant to the General Conditions of Access for Google Play in the EEA, you may also initiate mediation using the application process set out below.  

Application 

Step 2: 

A developer may submit a request for mediation by completing the online application form, which requests:

• contact information
• a summary of the facts and issues (no more than 500 words),
• availability to attend mediation within 15-45 business days of the date of submission of the application.

Please click here to complete the online application form.

Step 3: 

Once the application to mediate is submitted by the developer to CEDR, CEDR will contact Google to confirm that Google has not been able to resolve the dispute through the internal appeals process and has agreed to mediation.

Google will have 10 business days to agree to the mediation request or otherwise inform CEDR on the status of the internal appeal of the matter. Mediation is voluntary and neither the developer nor Google is obliged to mediate a dispute, except where required by law.

Appointment of mediator and date of mediation 

Step 4: 

Once both parties confirm their agreement to mediate, CEDR will contact them to:

• appoint a suitable mediator from its panel
• set the date of mediation
• provide guidance preparation including on the form of content of case summaries and supporting documentation

The Mediation Process 

Step 5: 

Within 5 business days of the appointment the mediator will contact the parties to agree to the procedural timeline, including the date for submission and exchange of case summaries and additional relevant documents, and arrange a private pre-mediation video call with each party.

Step 6:

CEDR will issue a Mediation Agreement for execution by electronic signature. Both parties will need to sign the Mediation Agreement in advance of the mediation which includes important provisions with regard to the role of the mediator and confidentiality of the process. Once the Mediation Agreement is signed all parties will receive a copy of the completed version via automated email.  

Step 7: 

On or before the date agreed with the mediator, the Parties will submit written case summaries to the mediator and exchange these with each other. To allow time for preparation it is recommended that case summaries are exchanged no less than 10 business days before the mediation joint session.

It is vital that each party ensures its case summary includes all the facts, points and issues it wishes to raise at the mediation so that these can be considered in advance to ensure the joint mediation session is used efficiently and productively. The case summary should also include a clear statement of what you would like to achieve at the mediation. It will be provided to both the mediator and the other party and should be drafted with this in mind.

Please find CEDR’s Case Summary Guidance here and a template document here.

You may also wish to provide the mediator with a chronology, list of roles and responsibilities, and/or a glossary of technical terms.

Step 8: 

The mediator will invite the parties to attend a separate and private introductory call prior to the mediation, and the parties will confirm the list of mediation attendees to the mediator.

Step 9: 

The mediator will issue invitations for the parties to attend mediation which will be arranged to take place online and will usually take place within 30-45 business days after the initial application.

Up to 7 hours of time has been allocated for each case which includes both preparation and the mediation session. Typically, this would mean 3 hours preparation and 4 hour online mediation session. However, the time can be used flexibly, and it will be for the mediator to decide how best to use the time allocation between mediation and preparation.

If the parties reach a mutually acceptable agreement, the terms are documented in a final and binding settlement agreement. If no agreement is reached, the mediation will be concluded without result unless the parties agree to extend the duration of the mediation to facilitate reaching an agreement within a specified further period of time.

Mediations conclude when:

• The parties settle and document the terms of their settlement – this happens in 85% of cases;
• The parties agree to conclude the mediation without settlement; or
• One of the parties withdraws.

If you agree to terms of a settlement during the mediation, then you will need to set them out in writing and the parties will need to sign the agreement.

CEDR has a panel of mediators experienced in mediating business to business disputes, and with experience mediating technology issues.

Q- Is my complaint eligible for the GPS Mediation Process?

A- You will be able to start mediation under the Scheme if:

• you are a developer offering an app to users in the European Economic Area (EEA) pursuant to the General Conditions of Access for Google Play in the EEA;
• your dispute concerns how Google has applied its policies to an app you offer through Google Play to users in the EEA;
• your dispute was not able to be resolved through Google’s internal appeals process.

Q- Does Google have to mediate if I request mediation?

A- Mediation is a consensual process and both parties must agree to mediate in order for the mediation to take place. In accordance with rules of the Scheme, Google will consider all requests to mediate in good faith pursuant to the General Conditions of Access for Google Play in the EEA. 

Q - Do I have to pay a fee to use the Google GPS Mediation Scheme?

A- No. Google will bear the cost of the mediation, although you will have to bear any legal or other costs that you choose to incur in preparing for or attending the mediation.

Q - Can I use this service to resolve disputes related to my purchases of Google’s goods or services?

A -  This service does not apply to consumers who purchased services or goods through Google or Google Play. If you are a consumer and you have a complaint or dispute with either Google or one of the GPS’ business users, please first refer to your terms and conditions for how to lodge a complaint or report your issue. Resources to help resolve issues are available here.

Q – Who do I need to bring with me to the mediation?

A- You should bring individuals with knowledge of the issues and with decision making authority to resolve any dispute. You do not need to bring legal representation but may do so if they will bring value to the process, or to assist with drafting a settlement. Alternatively you may wish to have counsel available on the telephone.

Q – In which language will the mediation be conducted?

A- The mediation joint session will be conducted in English and the Mediation Agreement and supporting documents will be in English. Reasonable accommodation can be arranged for foreign translation or mediation in foreign language with agreement of the parties. 

Q- Can I still take Google to court?

A- Participation in the Google Play Mediation Scheme does not affect your ability to pursue your complaint under any applicable laws.

Q- Will the mediator make a decision at the end of the mediation meeting?

A- No, the mediator will not make any formal recommendation or decision – the mediator’s role is to facilitate discussion and to assist the parties to reach an agreement. If the parties reach a mutually acceptable agreement, the terms will be documented. Otherwise, the mediation will end with no resolution.

• The EU Digital Markets Act Publications Office (europa.eu)  
• General conditions of access for Google Play in the EEA
• Mediation Procedure
• Mediation Agreement

If you have a complaint about CEDR Commercial services you can use the following Complaints Procedure Form.