Ten good reasons to choose ICC Mediation

Choosing ICC Mediation is choosing an efficient dispute resolution mechanism.

1. Internationality - ICC Mediation is used worldwide

ICC’s experience in administering international dispute resolution proceedings is unmatched in the world. ICC’s international experience also extends to the mediation field: In the last years, ICC has administered mediations with parties from over 70 nationalities.

2. Experience - ICC has vast experience administering mediation

Since almost 100 years, ICC is one of the world’s leading providers of commercial dispute resolution. As part of that experience ICC has administered many domestic and international commercial mediation cases concerning disputes from a wide range of different sectors, all types of contracts and a wide range of amounts in disputes, ranging from a few US$ 1000 to multi hundred million US$ cases.

3. Risk Reduction - Using mediation decreases the risks of an unwanted outcome

In mediation, the parties remain in control of the outcome. They can influence the final agreement and ensure that their main interests are taken into account. If they are not satisfied with the final agreement, nobody can force a party to accept it.

4. Convening Parties - A party can suggest mediation without a prior agreement

When the parties have no prior agreement to mediate, one party can suggest the use of mediation to the other side by filing a Request for Mediation with the ICC pursuant to Article 3 of the ICC Mediation Rules. The Centre can then assist the parties in coming to an agreement as to whether their dispute should be submitted to mediation. The Centre’s role in convening the parties is important in order to allow both parties to take an informed decision.

5. Appointment of Mediators - ICC will appoint the mediator if the parties cannot jointly agree on one

In many cross-border disputes, parties find it difficult to jointly nominate a mediator. Accordingly, in the majority of cases, the parties ask ICC to proceed with the appointment. Through its international network and experience, ICC has access to the world’s leading experienced commercial mediators and can ensure to appoint somebody with the necessary training and experience.

6. Confidential – The ICC Confidentiality Provisions

The ICC Mediation Rules provide very clear confidentiality provisions which protect the parties and the process. This spares the parties the need to negotiate other confidentiality agreements and gives them the security that the mediation will be conducted within a safe space.

7. Flexibility - The ICC Mediation Rules can be adapted to the parties’ needs

The ICC Mediation Rules are inherently flexible and can be adapted to the parties’ needs. They leave the parties the liberty to tailor the mediation process exactly to their wishes and the circumstances of the specific case, while providing them with a secure procedural frame.

8. Cost effective – ICC supervises the costs

When using ICC Mediation, parties don’t need to negotiate fees and expense reimbursement directly with the mediator. Instead, this will be done by the Centre. The Centre will also ensure that the Mediator’s time and expenses spent are reasonable and monitored.

9. Mix it – Combining ICC Mediation and ICC Arbitration has many advantages

Often dispute resolution clauses will foresee a combined procedure, providing mediation in a first step and arbitration in the second step. In other cases, parties might wish to conduct both proceedings in parallel or to try to solve a dispute by mediation in the course of an ongoing arbitration. Many parties wish both proceedings to be conducted and administered by the same institution. The ICC Mediation Rules and ICC Arbitration Rules have been designed to facilitate such combination, including features such as a cross-crediting system to ensure that parties using both services can benefit from financial savings. For this purpose ICC also offers various standard clauses providing for combined dispute resolution proceedings.

For more details about the advantages of combining ICC Mediation and ICC Arbitration, please see in the following page visit http://www.iccwbo.org/Products-and-Services/Arbitration-and-ADR/Mediation/Introduction/Combination-of-arbitration-and-mediation-under-the-ICC-Rules-of-Arbitration-and-ICC-Rules-of-Mediation/

10. Supervision and Quality Monitoring – top notch case management and supervision

Each case filed with ICC is managed, supervised and monitored by a team of international lawyers. Case management is tailored to the needs and wishes of the parties in the specific case and is always aimed at ensuring that everyone involved in the process has all necessary information about the Rules and the conduct of the mediation proceedings to be able to participate efficiently.

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