Part I Commentary on the ICDR International Rules, 5 Article 5—Mediation
Martin F Gusy, James M Hosking
Martin F. Gusy, James M. Hosking
- Arbitration — Mediation
This chapter explores Article 5 on mediation of the 2014 ICDR Rules. Mediation is a very effective alternative dispute-resolution process, in which the mediator assists the parties to settle their disputes by a process of discussion and narrowing differences. The mediator does not have the power to render binding decisions, rather the parties aim to reach agreement amongst themselves with the mediator’s assistance. Under Article 5, the ICDR may invite the parties to mediate or the parties may agree to mediate in accordance with the ICDR’s International Mediation Rules at any time while the arbitration proceedings are pending. The mediation shall in principle proceed in parallel with arbitration to avoid any delay. Ultimately, the 2014 ICDR Rules reflect a desire to encourage the parties to consider the benefits of mediation, particularly early in the dispute resolution process, without forcing them to mediate.