Programme
13:00 - 14:00
Registration and coffee
14:00 - 14:10
Words of welcome and introduction
14:10 - 14:40
Why mediate? Mediation's relevance to businesses today
More and more companies are realizing that mediation makes sound business sense. Why is it in a company's interest to settle complex, international commercial disputes through mediation? How have companies made mediation a central part of their dispute resolution strategy? Why do companies chose administered mediation? This interview will present two users' views on the importance of mediation in today's business world.
14:40 - 14:55
ADR becomes Mediation: The drafting of the new ICC Mediation Rules
A behind-the-scenes look at the genesis of the new Rules by the Chair of the ICC Commission which oversaw their drafting. As well as acquiring an overview of the new Rules, you will discover what the guiding principles for the revision process were, why the ICC decided to change from "ADR" to "Mediation", and whether other forms of amicable dispute resolution are still covered by the new Rules.
14:55 - 15:15
Getting started: How to initiate proceedings under the ICC Mediation Rules (Articles 2 and 3)
How do you commence an ICC mediation when there is a prior agreement to submit the dispute to mediation? What should be included in a Request? How do you convince a counterparty to mediate when there is no such prior agreement? How can the ICC help parties achieve a dialogue?
15:15 - 15:25
Questions and answers
15:25 - 15:55
The mediator: Finding the right person for your dispute (Article 5)
An experienced outside counsel will quiz two members of the ICC International Centre for ADR to get answers
to the following questions: How does the nomination and appointment process work under the new Rules?
How does the ICC identify a suitable mediator for a specific case? How can parties request a list of potential candidates?
What attributes are required of a mediator in an international commercial mediation? Can parties object to the appointment of a mediator?
15:55 - 16:05
Questions and answers
16:05 - 16:30
Coffee Break
16:30 - 17:00
Conduct of the proceedings: Avoiding and overcoming hurdles, dealing with confidentiality (Article 4, 7 and 9)
How are mediations conducted under the new Rules? How can agreement on the language(s) and place of the mediation be achieved if the parties cannot see eye to eye? How is the obligatory initial discussion between the mediator and the parties organized? What do the mediator and the parties need to decide about the conduct of the proceedings? Two experienced ICC mediators will share their insights.
17:00 - 17:10
Questions and answers
17:10 - 17:30
Money matters: Costs and payments (Article 6 and Appendix)
Who pays for what and when? What happens if one party does not fulfil its payment obligations under the Rules? The financial provisions of the new Rules will be explained to participants with illustrations of their consequences in different situations. The Appendix to the Rules will also be discussed, including how mediators' fees and the ICC administrative expenses are fixed.
17:30 - 17:40
Questions and answers
17:40 - 18:10
The new ICC model clauses for mediations
The new ICC Mediation Rules are accompanied by a set of new model clauses for use in contracts. This comprehensive presentation of the new clauses will include an explanation of the circumstances for which each clause is appropriate. You will also be alerted to the various considerations to keep in mind when drafting an ICC mediation or escalation clause.
18:10 - 18:20
Questions and answers
18:20 - 18:30
Closing remarks
18:30 - 20:30
Cocktail reception