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Current as 1 january 2014, the icc mediation rules replaced the 2001 amicable dispute resolution rules (adr rules) to reflect today’s practices All of the parties may agree to modify any of the provisions of the rules, provided, however, that the centre may decide not to administer the proceedings if, in its discretion, it considers that any such modification is not in the spirit of the rules. These rules provide users with clear parameters for the conduct of proceedings while recognising and maintaining the need for flexibility.
These mediation guidance notes provide guidance regarding the process of mediation The rules expand its scope of application to disputes with a value not exceeding us$ 3 million for arbitration agreements concluded on or after 1 january 2021 They do not ofer guidance on other settlement procedures that parties may agree to use under the icc mediation rules.
On 1 january 2014 the new icc mediation rules will enter into force and replace the icc amicable dispute resolution (adr) rules, which have been in force since 1 july 2001.
Clause d changes the default position under article 10(2) of the icc mediation rules allowing judicial, arbitral or similar proceedings to be commenced in parallel with proceedings under the icc mediation rules. Icc offers four alternative model mediation clauses to parties wishing to have recourse to icc mediation or other settlement procedures under the icc mediation rules. Mediation under the icc mediation rules is a flexible procedure aimed at achieving a negotiated settlement with the help of a neutral facilitator The two sets of rules are published together in this booklet in answer to the growing demand for a holistic approach to dispute resolution techniques.
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