ICC ADR's advantages Keeping it confidential
Unless parties agree otherwise, ADR proceedings and related materials – depositions, accounts, production schedules, etc. – are confidential. So is any settlement agreement or other outcome. Exceptions are those cases where parties are required by applicable law to disclose part of the proceedings.
Reaching a conclusion
ADR proceedings can lead to the parties signing a settlement agreement ending their dispute. This agreement would be legally binding on the parties. They are free to choose which country's laws should apply.
Alternatively, the Neutral may have been asked todo no more than supply an evaluation. In that case, the ADR proceedings end once the opinion is presented in writing. It is up to the parties to decide what to do with it.
One of the parties may decide to withdraw by sending notification in writing to the Neutral. This can only happen after the first discussion among the parties and the Neutral, which is obligatory so that a reasonable assessment can be made of ADR's chances of success.
The Neutral may become convinced that the ADRproceedings will not result in an amicable resolution of the dispute and inform the parties accordingly. This provision in the rules enables the Neutral to end the proceedings at any time after the first discussion if ADR appears to be impossible. ADR proceedings may also be cut short if an agreed completion deadline is missed.
Only for business disputes
The rules apply exclusively to international or domestic business disputes. They cannot be used to settle family issues or labour disputes.
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