Conduct and Duration of Mediation Proceedings
ICC Mediation is a very flexible process and the Rules do not prescribe how the mediation or other settlement technique should be conducted.
Conduct of the mediation
The procedure can be adapted to the needs of the parties, including
their cultural and legal backgrounds, and the specifics of the dispute. The conduct of the mediation
should be discussed and agreed between the parties and with the mediator, who
must display fairness and impartiality when establishing the procedure.
The parties’ agreement to
participate in the mediation proceedings pursuant to the ICC Mediation Rules implies
that they are at least committed until an initial meeting or discussion with
the mediator has taken place and, further to that discussion, the parties have
received a note from the mediator setting out how the mediation is to be
conducted. Parties benefit from such a first meeting with the Mediator to
discuss specificities of conducting proceedings, how they could be structured
and what type of results can be achieved.
There is no defined timetable for Mediations
However, the average duration of proceedings is four months from the date the Request for Mediation is filed to the end of the proceeding.
The majority of that time is spent by the parties to set-up and prepare for the meetings with the Mediator (including deciding on the place, language, technique and appointing the Mediator and paying the deposit).
The actual meetings with the Mediator usually last one –two days. However, in some cases the parties might wish to meet more often, in other cases the parties might opt to discuss by video conference or other means to limit the costs associated with physical meetings.