What is mediation? Conciliation? Neutral evaluation? Mini-trial?
A description of the various dispute resolution techniques possible under the ADR Rules is available in the
Guide to ICC ADR under Article 5.
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What is the difference between ICC ADR and ICC Arbitration?
Both ICC ADR and ICC Arbitration are administered procedures, which require the parties to file a Request with either the ICC International Centre for ADR (“Centre”) (for ADR) or with the ICC International Court of Arbitration (“Court”) (for arbitration).
ADR (amicable dispute resolution) under the ICC ADR Rules (“ADR Rules”) aims to facilitate a settlement with the assistance of an independent neutral, most frequently through mediation. However, the ADR Rules also encompass other amicable dispute resolution techniques, for example conciliation, neutral evaluation and a variety of combinations of these and other techniques.
Arbitration under the ICC Rules of Arbitration is a formal procedure leading to a binding decision from a neutral arbitral tribunal, susceptible to enforcement pursuant to both domestic arbitration laws and international treaties such as the New York Convention.
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Where can the meetings in ICC ADR take place?
ICC ADR meetings can take place anywhere around the world. The proceedings will be administered by the Centre at ICC headquarters in Paris, France. However, this does not oblige parties in any way to hold their ADR meetings in Paris. In fact, the majority of proceedings filed under the ICC ADR Rules provide for meetings that do not take place in Paris.
Parties may either provide for the place of the meetings in their contract or may subsequently agree on the place of the meetings, as the case may be.
Pursuant to Article 5(4) of the ADR Rules, where the parties fail to agree on the place of the meetings, the Neutral shall determine the place of any meetings to be held.
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How much does ICC ADR cost?
In order to file a Request for an ADR proceeding with the Centre, the Requesting Party or Parties must submit the registration fee in the amount of US$ 1 500 with the Request (
see payment instructions here) pursuant to Articles 2(A)(1)(e) and 2(B)(1)(c).
Subsequently, the parties will be asked to pay a deposit to cover the costs of the proceeding, including the Neutral’s fees and expenses as well as the Centre’s administrative expenses.
As regards the Centre’s administrative expenses, they shall be fixed at ICC’s discretion depending on the tasks carried out by ICC, but shall not exceed the maximum sum of US$ 10 000, pursuant to the current Appendix I to the ADR Rules.
All costs of the proceeding shall be borne by the parties in equal shares pursuant to Article 4(5) of the ADR Rules.
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Does ICC have a list of Neutrals?
ICC does not have a fixed list of Neutrals. Rather, where the Neutral has not been jointly designated by all of the parties, ICC shall conduct an individual and global search pursuant to Article 3 of the ADR Rules to identify a Neutral having the qualifications which have been agreed upon by all of the parties and who is independent of the parties.
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Can ICC provide legal advice?
No, ICC cannot provide any legal advice, including advice as to how to draft a dispute resolution clause or what is the best dispute resolution technique to choose.
However, ICC can provide parties with information on the use of the various dispute resolution mechanisms and application of the various ICC Rules depending on their circumstances.
Parties wishing to discuss a question with the members of the ICC International Centre for ADR, are invited to contact it by email or telephone at: adr@iccwbo.org or +33 (0)1 49 53 30 52
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What type of dispute resolution mechanism should I choose?
ICC cannot advise parties wishing to use one of ICC’s dispute resolution services as to which is the best mechanism for their case.
However, the Centre would be pleased to provide you with information on the various aspects and application of the ADR Rules and their combination with ICC Arbitration, Expertise or other dispute resolution procedures.
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Does ICC provide mediation training?
Currently, ICC does not train or certify mediators but organizes various other events on ADR and dispute resolution. To be informed of recent events, we invite you to visit
All Events page.Please note that ICC organizes and hosts an annual International Mediation Conference Series aimed at providing companies and business users with practical information on business-wise dispute management, negotiating and drafting dispute resolution clauses, mediation strategy and preparation and ethical issues. For more information, please visit the Conference page.
Further, ICC also organizes the annual International Commercial Mediation Competition, which is open to law and businesses schools worldwide. The Competition is ICC’s biggest educational event and the only international mediation moot worldwide. For more information, please visit the Competition page.
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What is the duration of an ICC ADR proceeding?
The duration of an ICC ADR proceeding depends on the particular circumstances of the matter and can range from just a few days to a couple of months, depending on the specificities of the case and the parties’ interests.
However, on average an ICC ADR proceeding lasts about four months from the date of the Request until the settlement of the dispute or termination of the proceeding.
Usually, parties spent most of the time getting ready for the ADR and agreeing on certain procedural matters, such as thesettlement technique, place and language of the proceeding and collecting the deposit for costs. The parties’ meetings with the Neutral usually last 1 – 2 days.
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What rules apply if our clause refers to the 1988 ICC Rules of Conciliation and Arbitration?
The 1988 ICC Rules of Conciliation and Arbitration have since been replaced by the 2001 ICC ADR Rules and the 2012 ICC Rules of Arbitration.
Accordingly, should the parties seek to conduct settlement proceedings administered by ICC, the ADR Rules will apply.
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Does the ADR Secretariat participate in the ICC ADR proceeding?
The ADR Secretariat’s role is limited to administering the proceeding, including supervising the conduct of the proceeding in accordance with the ADR Rules. However, as a general rule, the staff of the ADR Secretariat does not attend any of the meetings or participate in any of the discussions between the parties and the Neutral during the course of the proceeding. Whether the parties wish to additionally submit copies of their exchanged documents with the Neutral to the ADR Secretariat is in their discretion.
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Can an expert participate in an ICC ADR proceeding?
Under the ADR Rules, the parties or the Neutral may appoint one or more experts to render a written report, testify, or otherwise advise the parties or the Neutral during the course of the ADR proceeding. However, the appointment of an expert by the Neutral is subject to the agreement of all of the parties.
Under the ICC Rules for Expertise, the ICC International Centre for Expertise may make a nonbinding proposal or binding appointment of experts.
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How to combine arbitration and ADR?
Before an arbitration proceeding begins, parties may attempt to settle all or part of their dispute by commencing an ADR proceeding. Parties may do so either by
1) drafting a “multi-tiered” dispute resolution clause that provides for an ADR proceeding (possibly within a certain limited amount of time) before commencing any arbitration proceeding (link to the suggested ADR clauses) or by
2) entering into a subsequent agreement to participate in an ADR proceeding before commencing any arbitration proceeding, pursuant to Article 2B of the ADR Rules
Additionally, where parties have commenced an arbitration proceeding, they may wish to settle all or part of their dispute by either staying the arbitration proceeding pending settlement discussions or by engaging in parallel ADR and arbitration proceedings.
When parties combine ADR and arbitration proceedings, they must consider carefully whether they wish for the same person to act as Neutral an Arbitrator or for separate people, in light of the possible disclosure of confidential information during settlement proceedings and the enforceability of any arbitral award.
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How are Neutrals remunerated?
Pursuant to Article 4 of the ADR Rules and Appendix C thereto, the fees of the Neutral shall be calculated on the basis of the time reasonably spent by the Neutral in the ADR proceeding, at an hourly rate fixed for such proceeding by ICC in consultation with the Neutral and the parties.
The Neutral’s reasonable expenses shall be fixed by ICC and reimbursed accordingly.
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