Confidentiality is an essential feature of ICC Mediation (Article 9).

When parties seek to negotiate a settlement, they should be encouraged to speak freely during the proceedings which are private and confidential.

Similarly, any documents, statements or communications or other information disclosed by another party or by the Mediator during the mediation are to be kept confidential. Parties can however agree otherwise and decide that the mediation is not confidential.

The fact that settlement proceedings have taken place or will take place is however not confidential, unless the parties agree otherwise.