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 completed.

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.