Termination of Mediation Proceedings
There are various ways in which ICC Mediation can be terminated. Article 8 lists the events that terminate ICC Mediation either upon request of the parties, the mediator or the Centre, depending upon the circumstances.
The key-principle is that
the process is voluntary. Mediation
proceedings end when parties have
signed a settlement agreement settling their dispute. Any party can terminate the proceedings at any time after the initial
meeting with the mediator has taken place and the parties have received the
Mediator’s note setting out how the mediation is to be conducted.
The Mediator can terminate the mediation at any time when he or she
believes that the proceedings will not resolve the dispute between the parties
or by notifying the parties that the established mediation procedure has been
Mediation proceedings also
end when the Centre notifies parties
in writing that (i) any time limit set for the Proceedings, including the any
extensions, has expired, (ii) the required payments of costs and fees have not
been paid by one or more parties, (iii) there has been a failure to nominate a
Mediator or that it has not been reasonably possible to appoint a Mediator. The
latter could occur in the exceptional case that a party rejects several mediators appointed by
the Centre, and the Centre does not reasonably believe that it can appoint a
Mediator who will be acceptable to the parties.
However, to date, the Centre has not experienced such scenario.