ICC ADR - The role of the Neutral

The success of ADR hinges largely on the wisdom, tact, common sense and expertise of an individual known as a Neutral. His or her task is to create trust and assist the parties in their quest for a settlement. The Neutral is a facilitator, not a judge or arbitrator.

Practical and potentially difficult decisions that the Neutral may have to make include which language should be used and where meetings should be held.

The Neutral's opinion does not itself bind the parties, but opens the way for them freely to agree a settlement that they are legally bound to carry out. Or they may simply act in line with the Neutral's findings, without formal agreement.

How the Neutral is appointed

The Neutral is either designated by the parties or appointed by ICC. If ICC is asked to supply a Neutral, the parties are invited to agree the qualifications. Should the Neutral be a civil engineer, or a chemist or perhaps a surveyor, or an expert in e-business? There may even be a need for two Neutrals, whose areas of expertise are complementary. The parties can make that decision if they wish — or leave it to ICC.

ICC checks that any Neutral it appoints is independent. Provided there are no objections, the preliminary ADR discussions can go ahead. If the parties choose the Neutral, it is for them to decide whether or not the Neutral should be independent.