Mediation, and other forms of alternative dispute resolution, often offer a better solution to commercial disputes than going to court – so it is good to see that the new International Chamber of Commerce (ICC) Rules of Mediation are now in force.
The new Rules came into force on 1st January, replacing an earlier set that have been used for amicable dispute resolution worldwide since 2001. They have been adapted to help parties resolve even the most complex cross-border disputes quickly and reliably, and key changes include the setting of mediation as the default technique, as well as increased support from the ICC International Centre for ADR, the body administering the new Rules.
When the original rules were drafted some thirteen years ago, they were tailored to fit all amicable dispute resolution techniques, including mediation, conciliation and other techniques. However, since more than 90% of ICC’s cases filed since 2001 have reverted to mediation, it was deemed appropriate for the new Rules to reflect this by setting mediation as the default approach. Parties are still able to use other dispute resolution techniques if they prefer.
According to the ICC, mediation is usually considerably faster and cheaper than other dispute resolution procedures, taking just one or two meetings with a trained mediator for parties to overcome the stalemates often encountered in direct negotiations. It also allows parties to decide the exact terms of their settlement, to help reach an outcome that respects their financial, legal, reputational and future-business interests.
The new rules seem to have been received positively by businesses.
“The new ICC Rules of Mediation are particularly welcome because they’re built for the parties involved,” explained Hannah Tuempel, Senior Counsel and Manager of the ICC International Centre for ADR. “When drafting them we kept in mind that the process needed to be adapted to the needs of today’s businesses worldwide.”
“The ICC Rules are useful for all parties involved in commercial disputes, whether ICC members or not; and in all fields, from construction, to trade, and energy to pharmaceuticals,” she added.
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