Conduct of the ICC ADR procedure
Once the Neutral has been chosen (Article 3 of ICC ADR Rules), discussion takes place between the parties and the Neutral in order to reach agreement on the settlement technique to be used and to define the specific ADR procedure to be followed. In the absence of such an agreement, mediation shall be used (Article 5).
The ADR proceedings terminate upon the occurrence of one of the events listed in Article 6(1). In all cases, ICC sends the parties written confirmation of such termination.
The general principle of confidentiality covering ADR proceedings requires that any settlement agreement between the parties shall not be disclosed, nor be used as an element of proof in judicial, arbitral, or similar proceedings. Confidentiality may be overruled only if the parties have so agreed or the applicable law requires the disclosure (Article 7).
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