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Mediation under the icc mediation rules is a flexible procedure aimed at achieving a negotiated settlement with the help of a neutral facilitator As provided for in article 7(3) of the rules, in establishing and conducting the mediation, the mediator is guided by the wishes of the parties and treats them with fairness and impartiality. 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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Role and duties of the mediator the mediator shall assist the parties in reaching a mutually acceptable resolution of all or part of the issues in dispute These rules establish clear guidelines for conducting proceedings while preserving the flexibility essential to mediation. The mediator has no authority to impose a resolution of the dispute on the parties.

The term “mediation” as used in the rules shall be deemed to cover such settlement procedure or procedures and the term “mediator” shall be deemed to cover the neutral who conducts such settlement procedure or procedures.

Since 2001, the icc has offered parties to a commercial contract the possibility of settling their disputes under the adr rules. Article 10 (3) of the icc mediation rules prohibits a mediator from acting as arbitrator, judge, expert or party advisor in respect of the same dispute unless all of the parties agree in writing. In force as from 1 january 2014 1 the mediation rules (the 'rules') of the international chamber of commerce (the 'icc') are administered by the icc international centre for adr (the 'centre'), which is a separate administrative body within the icc 2 the rules provide for the appointment of a neutral third party (the 'mediator') to assist the parties in settling their dispute

Business mediation can be a better option than going to a (government) judge or an arbitrator