London in March, to Sao Paolo in May and Tokyo in October, ICC Mediation Rules
regional launches are planned in at least 12 countries, offering participants a
comprehensive overview of the new rules, and a chance to meet some of the
people who drafted them.
were built by a taskforce of dispute resolution specialists and company
representatives from 29 countries, organized by the ICC Commission on
Arbitration and ADR. They replace the ICC ADR Rules, used for amicable dispute
resolution since 2001.
regional launch conferences are unmissable for anyone interested in the
efficient resolution of complex commercial disputes through mediation,” said
Hannah Tuempel, Senior Counsel and Manager of the ICC International Centre for
ADR, the body that supervises cases filed under the new rules.
Tuempel added: “The new ICC Rules of Mediation are built for any party involved
in a commercial dispute, whether ICC members or not; and in all fields, from
construction, to trade and energy to pharmaceuticals.”
speakers from ICC, experienced international mediators and in-house counsel,
each conference will explain changes to the rules, which include amendments to
the confidentiality provision and the standard ICC model clauses, and a strengthened
role for the ICC International Centre for ADR. Participants will also hear
about combining mediation with arbitration.
Newmark, newly appointed Chair of the ICC Commission on Arbitration and ADR,
who also chaired the taskforce that drafted the rules said: “For me, the new
ICC Mediation Rules and accompanying ICC Mediation Guidance Notes have two
particularly important features. First, the Rules themselves offer simplicity
by focusing on mediation rather than ADR more generally. Second, the Guidance
Notes give practical guidance, enabling users and their advisers to see how ICC
mediation proceedings can be organized and conducted so as to maximize the
chances of a successful resolution of the parties’ dispute.”
is usually considerably faster and cheaper than other dispute resolution
procedures, taking parties just one or two meetings with a trained mediator to
overcome stalemates often encountered in direct negotiations. It also allows
parties to decide the exact terms of their settlement, helping reach an outcome
that respects their financial, legal, reputational and future business interests.
at the ICC Mediation Rules global launch in December 2013, Abhijit
Mukhopadhyay, President (Legal), Hinduja Group, said: “We turn to mediation because as a business,
we’re there to do business, not to litigate or arbitrate. We will always try to
see how to resolve a dispute preferably through institutionalized Mediation
process: that is the declared policy of the Group. Whosoever we are fighting
today, may tomorrow be our business partner, so we must find a settlement at
the first instance.”
Karl, Senior Counsel Litigation, GE Oil & Gas, Member of the Task Force for
the Revision of the ICC ADR Rules, added:
“We use mediation for all types of disputes. I find large complex technical disputes are
particularly suitable for mediation. The flexibility you have in developing
creative solutions means you simply have to attempt mediation! But mediation also makes a lot of sense for
small disputes, where courts would simply be too expensive. The beauty of mediation is that we control
the proceedings. We decide.”
2001, the ICC International Centre for ADR has mediated cases worldwide
involving more than 70 nationalities. Over 75% of the cases transferred to the
mediator concluded with a settlement.
ICC Mediation Rules are currently available in print and online in Arabic,
Chinese, English, French, German, Portuguese, Russian and Spanish.
attend a mediation rules launch in your region see our Save the Date flyer
view the dates and venues of the different Launch Events visit ICC Training & Events