Mediation
It is a form of dispute resolution in which the parties, through confidential negotiations led by a professional, independent and neutral mediator, together seek and optimal solutions for each of them.
Why mediation in an international business context?
The international business community benefits from the fast and efficient resolution of business disputes. Increasingly, the most diverse disputes are resolved with the help of professional business mediators.
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Breach of contract, problems in cooperation, and other, sometimes complex, issues often have a major financial interest.
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Mediation enables parties to achieve an outcome that would be impossible through arbitration or legal proceedings, such as renegotiating a contract. The mediation process can help those involved to gain a better understanding of each other's interests and needs.
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​Business mediation can be a better option than going to a (government) judge or an arbitrator.
Advantages of Mediation
Short procedure
High chance of sucess
Low cost
Maintaining business relationship
Flexibility
Influence on appointment of mediators(s)
Confidentiality
The mediator is independent and neutral
ICC Mediation Rules 2014
These rules establish clear guidelines for conducting proceedings while preserving the flexibility essential to mediation.
ICC 2014 Mediation Guidance Notes
The Guidance Notes serve as a practical guide to the ICC Mediation Rules, providing valuable insights into key considerations when selecting and arranging mediations.
Unlock the Power of
Business-to-Business Mediation
Webinar - October 2024
The role of mediation in dispute resolution:
Interview with Jeremy Lack
Mediation is often overlooked in the world of dispute resolution, yet it offers a faster, cost-effective, and more flexible alternative to litigation and arbitration.
In part 1, of the interview ​Jeremy shares his insights on what makes mediation effective, the key factors that influence its success, and why businesses should consider it as a strategic tool in cross-border disputes. Whether you’re a legal professional, business leader, or simply curious about alternative dispute resolution, this conversation sheds light on the growing role of mediation in the global legal landscape.
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In part 2, Jeremy highlights the three key components of mediation—social, emotional, and rational—and discusses essential aspects such as confidentiality, trust-building, and overcoming psychological barriers. He explains the differences between mediation and conciliation, the neuroscience behind mediation’s effectiveness, and the traits that make a great mediator. This interview provides valuable perspectives on why mediation is a powerful tool for resolving disputes efficiently while preserving relationships.
The Academy of Legal Mediation
The Academy of Legal Mediation offers expert guidance to help individuals become successful mediators, equipping them with skills for a future-proof business.
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Their mission is to empower lawyers and a new generation of mediators with proactive mediation skills. They create engaging and well-structured training programs that appeal to professionals and help shape the global shift towards new ways of resolving and preventing conflicts.
The ICC Netherlands partners with the Academy to support these efforts in transforming the future of conflict resolution.
ICC Mediation in 10 steps
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Request for Mediation
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With a pre-existing agreement: One party submits a Request for Mediation to the ICC International Centre for ADR.
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Without a pre-existing agreement: One party may propose mediation to the other. If the other party agrees, mediation proceeds.
FAQ
Do I need a lawyer to participate in mediation?
You do not have to have a lawyer to participate in mediation. However, having a lawyer can be beneficial in complex cases, and his or her knowledge can contribute to the mediation outcome. Also, parties often feel more comfortable with a lawyer by their side.
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Can meditation be done online?
Yes, mediation can be done online. It is mostly used when two or more parties reside in different countries and travelling is unnecessary.
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How long does it take?
It depends on the complexity of the case and the parties' willingness to reach an agreement. If the parties are on the same page, the mediation process can take from a couple of hours to a day. But if the case is complex, it can take a few weeks or months.
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How do I file for the mediation process under the ICC Mediation Rules?
You can request the form in either English or French by emailing mediation@iccwbo.org. Once you receive the form, follow the instructions provided and submit it both electronically and in hard copy to the following address:
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ICC International Centre for ADR
33-43 Avenue du Président Wilson
75116 Paris, France
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