ICC ADR techniques to suit your needs

The ICC ADR Rules offer a framework for the amicable settlement of commercial disputes with the assistance of a neutral. They were launched in 2001 to replace the 1988 Rules of Conciliation. Under the ICC ADR Rules, parties may freely choose the settlement technique they consider most appropriate to their situation.

Mediation

The Neutral may meet each of the parties separately to help them find common ground for resolving the dispute amicably. The meetings are confidential and clear the way for negotiations. The Neutral is not called upon to pronounce on the merits of the dispute.

Neutral evaluation

The parties seek the Neutral's non-binding opinion on such matters as:
- An issue of fact.Did the maintenance teams do what was expected of them?

- A technical issue.Were the girders supplied in accordance with stress specifications?
- An issue of law. Did the floods that held up delivery of essential spare parts constitute force majeure?

Mini-trial

A panel is set up consisting of the Neutral as facilitator and an executive from each of the parties. The executives selected should not have been directly involved in the dispute, but should have the authority to bind the parties they represent. Each party presents its position to the panel. Then the panel either seeks a solution acceptable to all the parties or expresses an opinion on the positions of each side.

Other techniques

The field is open – and different techniques may be combined. The Neutral could be asked for an opinion on a specific issue in the course of mediation proceedings. The parties may agree contractually to abide by the Neutral's opinion.