On 1 January 2014, the new Mediation Rules of the International Chamber of Commerce (ICC) came into force. The new rules replace the ICC Rules of ADR that have been used for amicable dispute resolution since 2001, and apply immediately to all agreements referring to the ADR Rules, unless any of the parties object, in which case the old ADR Rules apply. The new rules are available in eight languages, with further languages soon to follow. This article examines the key features of the new rules.
The new ICC Mediation Rules were drafted by the ICC Commission on Arbitration and ADR, the ICC’s dispute resolution think-tank with more than 700 members worldwide, in consultation with a taskforce comprising 90 members from 29 countries including experienced mediators, lawyers and, most importantly, in-house counsel users. In drafting the rules, the commission sought to achieve three main objectives, namely to:
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The author, Hannah Tümpel, is senior counsel and manager of the ICC International Centre for ADR in Paris. The co-author, Sylvia Tee, is ICC Dispute Resolution Services’ director for arbitration and ADR (Asia), based in Singapore.