On 1 January 2014, the new ICC Rules of Mediation came into force. In the UK, there was a formal launch on 3 March 2014. These replaced the ICC ADR Rules which had been used for amicable dispute resolution worldwide since 2001. The change in title reflects that the majority of cases dealt with by the ICC ADR body are referred to mediation and not some other form of ADR. The Rules, which are currently available in eight languages, are accompanied by a new publication for users, the ICC Mediation Guidance Note.

Whilst the new Rules themselves might not be that different (they have been updated to reflect the experience at the ICC over the past 13 years), their introduction does provide a clear indication of increased support for mediation from the ICC which will continue to be provided by the ICC International Centre for ADR, the body administering the new Rules.

The ICC has noted that since 2001, the ICC International Centre for ADR has mediated cases worldwide involving more than 70 nationalities. Of these, over 75% of the cases transferred to the mediator concluded with a settlement. We do not know how many cases have been transferred to a mediator but the success rate is not a surprise. Indeed, it is lower than the success rates reported by CEDR, the pre-eminent mediation provider in the UK. CEDR noted in its most recent Mediation Audit (for 2012) that mediators had reported that just over 70% of their cases settled on the day, with another 20% settling shortly thereafter, giving an aggregate settlement rate of around 90%. This relates of course to all the mediations carried out under the auspices of CEDR.

Item 1 of the Guidance Notes explains what the ICC means by mediation:

"For the purpose of the ICC Mediation Rules (the "Rules"), mediation is a flexible settlement technique, conducted privately and confidentially, in which a mediator acts as a neutral facilitator to help the parties try to arrive at a negotiated settlement of their dispute. The parties have control over both the decision to settle and the terms of any settlement agreement."

Chris Newmark, the incoming Chair of the ICC Commission on Arbitration and ADR, has commented that the Guidance Notes are meant to give:

"practical guidance, enabling users and their advisers to see how ICC mediation proceedings can be organized and conducted so as to maximize the chances of a successful resolution of the parties' dispute".

The Guidance Notes are divided into a number of different sections dealing with the mediation process: "What is mediation?", "Why mediation?", "Mediation sessions", "Preparation for mediation sessions", "Authority", "Case summaries and documents", "Relation between mediation and arbitration proceedings" and "Miscellaneous".

In many respects, what is important here is not the revision of the Rules themselves but the support the ICC is giving to mediation by the promotion of the Rules. The ICC expects that the demand for mediation and other forms of ADR will continue to grow. Mediation is increasingly seen as a potentially effective way of resolving disputes which might otherwise by lengthy, time-consuming and costly. The continued recognition by the ICC of the potential benefits of mediation is to be welcomed.

A copy of the Rules can be found on the ICC website at www.iccwbo.org/ products-and-services/arbitration-andadr/ mediation/rules/

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