Trade & investment

Reimagining WTO Dispute Settlement: a business case for mediation

14 May 2025

Mediation under the World Trade Organization (WTO) Dispute Settlement Understanding can help governments resolve trade frictions faster, cheaper and more constructively – if they’re willing to use it. ICC is making the case.

2025 ICC Reimagining WTO dispute settlement

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Mediation: A forgotten piece in WTO dispute resolution

Most trade frictions never reach WTO dispute settlement. Many business concerns – licensing delays, technical barriers or opaque procedures – disrupt trade but are too small, sensitive or costly to escalate to formal dispute settlement.

That’s where alternative dispute resolution (ADR), and more specifically mediation, comes in. WTO rules already allow for it, but the tool has not been used, among other things, due to a lack of clear procedures.

That’s changing.

As part of the WTO reform process, WTO Members are discussing procedural rules to make mediation a workable option – and we can help accelerate this process by supporting governments willing to pilot mediation in practice.

Why it matters

For business

Companies face real costs from unresolved trade frictions. Mediation offers a practical and quicker way to resolve issues – and businesses can help identify where it’s needed.

For governments

Mediation gives WTO Members a lower-risk, lower-cost path to resolve trade issues early. It is especially important for developing countries that may lack resources for litigation.

The benefits of WTO mediation

Enables early, informal resolution of trade concerns
Reduces time, cost, and legal burden
Promotes cooperation—not confrontation
Offers a flexible and confidential process
No imposed ruling—outcomes are mutually agreed

What we are doing

ICC is advocating for the use of ADR, and in particular mediation within the WTO dispute settlement system as part of broader reform efforts. Drawing on ICC’s extensive experience as the world’s leading institution in cross-border dispute resolution, we’re supporting efforts to make mediation a practical option for resolving trade frictions more effectively.

How you can get involved

We are actively seeking companies with unresolved trade concerns who are willing to engage their governments in pilot mediation cases. These cases can help demonstrate how WTO mediation can deliver fast, practical outcomes and strengthen trust in the rules-based system.

Contact Valerie Picard, Head of Trade, ICC, Valerie.Picard@iccwbo.org to learn more or explore a pilot case.