The Google Search Mediation Scheme

CEDR is an independent organisation that provides mediation and other 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 it under the GSMS and will appoint suitably experienced and accredited mediators to manage the mediation process and facilitate communication and settlement.

If you are an eligible business user with a dispute regarding the application of the Google Search conditions of access and you would like to apply for mediation under the GSMS,  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 and has been proven to be a very successful way to progress and resolve disputes. 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 manages and conducts the mediation and facilitates the negotiations. A mediator does not usually provide any decision or evaluation 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:

Business users who have a dispute regarding the application of the Google Search conditions of access to their website  should first raise this through Google Search’s internal appeals process. Additional information on how to launch an appeal is available here.

If you are not satisfied with Google's determination of your dispute, you may request that Google agrees to refer the dispute to the GSMS.

Application 

Step 2: 

A business user 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), including confirmation that the business user has adhered to the requirements set out in the conditions of access;
• availability to attend mediation within 60 business days of the date of submission of the application;
• A unique Google Authentication Code to confirm Google’s consent to mediation

Please click here to complete the online application form.

Google Consent to Mediate

Step 3:

Within three business days of receipt of a completed application for mediation (including a valid Google Authentication Code), CEDR will contact Google to confirm that the dispute was not able to be resolved through the internal appeals process and that Google has agreed to engage in mediation of the dispute.

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

Mediation Logistics and Expertise Requirements

Step 4: 

Within three business days from receiving  written confirmation of Google’s agreement to participate in mediation, CEDR will email both parties requesting them to:

• identify or agree dates when both are available for mediation;
• nominate a representative to sign the mediation agreement; and
• provide any additional information about the dispute or expertise requirement to enable CEDR to appoint a suitable mediator.

The parties are requested to respond within 10 business days and with all in copy.

Confirmation of appointment and date of mediation 

Step 5: 

Within 5 business days of receipt of both parties’ responses under Step 4, CEDR will issue a confirmation of the mediation arrangements to:

• appoint a suitable mediator;
• set the date of mediation; and
• provide guidance on preparation, including on the form and content of case summaries and supporting documentation.

The Mediation Agreement

Step 6:

Immediately after issuing the appointment confirmation at Step 5, CEDR will issue a Mediation Agreement via DocuSign for execution by electronic signature to the nominated representatives of the parties. Both parties, the mediator and CEDR will need to sign the Mediation Agreement in advance of the mediation. A template mediation agreement is available.

The Mediation Agreement includes important provisions regarding the role of the mediator and confidentiality of the process.

Once the Mediation Agreement is executed, all parties will receive a copy of the executed version via automated email.  

The Mediation Process & Timetable

Step 7: 

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

Case Summaries and Exchange of Information

Step 8: 

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.

It is recommended that case summaries are exchanged no less than 10 business days before the mediation joint session to allow time for the mediator and each side to consider the case summaries and conduct any further preparation.

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 and a template document here.

Pre-Mediation Video Calls

Step 9: 

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

Mediation Joint Session

Step 10: 

The mediator will issue invitations for the parties to attend mediation which will take place online and will usually take place within 60 business days after the initial application for mediation is received.

Up to 7 hours of the mediator’s time are available 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 mediator may assist the parties to record the terms in a binding settlement agreement.

If no agreement is reached, the mediation will be concluded unless the parties and the mediator agree to extend its duration to allow discussions and negotiations to continue for a specified further period of time. (This may also be necessary, for example, where one party needs further time to obtain and submit additional evidence or information).

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 GSMS Mediation Process?

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

• you are a business user based in the EEA with an eligible dispute concerning the application of the Google Search conditions of access to your website;
• your dispute was not able to be resolved through Google Search’s internal appeals process; and
• you have obtained a valid Unique Authentication Code from Google to progress an application to the GSMS.

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

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

Q - Do I have to pay a fee to use the Google GSMS 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 – 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 GSMS 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)  
• Google Search DMA Access Conditions
• GSMS Case Summary Preparation Guidance
• GSMS Mediation Agreement

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