Unrivaled Service in Cross-Border Mediations
The leader in international dispute resolution, the ICDR is the unequaled provider for the growing caseload of complex cross-border mediations, fueled by the recent passage of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention on Mediation”) that enforces mediation settlement agreements across borders.
Committed to helping parties find resolution, the ICDR pioneered the use of international mediation as an essential component of the dispute resolution process, even including mediation as a Rule article in the 2014 ICDR International Dispute Resolution Procedures.
The updated 2021 International Mediation Rules presents valuable innovations in mediation, importantly incorporating the discussion of mediation beginning at the arbitral administrative conference throughout the resolution process.
Pivotal Features of the Rules
- Provision in the ICDR arbitration rules that the parties shall concurrently mediate their dispute towards resolution--unique to the ICDR
- Emphasis on the duties and responsibilities of the mediator to expand party participation and authority
- Focus on how the ICDR assists the parties in finding and appointing a mediator to best meet their needs
- Reference to The Singapore Convention on Mediation mechanism for enforcement
- New rule titled “Mediation Proceedings” addressing the preparatory conference, the use of technology, document exchange, ex parte communications, and more
- Consideration of mediator and party compliance and practice related to cybersecurity, privacy, and data protection
Parties also may mediate under the Commercial Mediation Procedures.
Mediations have averaged approximately 10 percent of the ICDR international caseload in recent years. Top caseload categories include:
- Financial services
- Life sciences
International mediations include:
- Multi-million dollar claim under the International Mediation Procedures over a license, supply, and distribution agreement
- Multi-million dollar claim under the Commercial Mediation Rules over a data licensing agreement
- Dispute over an international distribution agreement involving a million dollar claim under the International Mediation Procedures
- $500,000 claim under the Commercial Mediation Rules over partner’s valuation of an online company
The international mediation panel includes approximately 100 senior-level international specialists and former judges located around the world. Requirements for serving include a minimum of 15 years’ experience in their business or professional fields, substantial mediation experience, and ongoing training.
Professions. Panel members include current or former advocates, arbitrators, corporate counsel, educators, institutional executives, and judges.
Languages. Language capabilities include Chinese, English, French, German, Hindi, Italian, Malaysian, Portuguese, Spanish, and others.
Industries. Industry experience includes aerospace, architecture, aviation, banking, business law, construction, distribution, employment, energy and alternative energy, engineering, entertainment, environmental, franchise, health care, intellectual property, manufacturing, maritime, mergers & acquisitions, mining, partnerships, pharmaceutical, public sector, real estate, technology, and others.
An International Mediation Community
With this panel of specially culled experts, the ICDR has created a mediation community who meet periodically to share their knowledge and experience on a global level. The intrinsic advantage is a community whose members knowledgeably can make referrals and/or act as co-mediators should the need develop.
Local Expertise around the World
The ICDR manages cases in state-of-the-art offices and hearing centers all over the world, with dedicated offices in New York City, Singapore, Houston, Los Angeles, San Francisco, and Miami, as well as 20+ other AAA-ICDR domestic offices. The ICDR maintains a global network of cooperative agreements in 80+ countries—sharing access to hearing rooms, facilities, and information. Specialized initiatives include ICDR Canada, handling Canadian domestic disputes nationwide, and ICDR Singapore, which focuses on the ICDR’s international services in Asia.
ICDR Administrative Services
The ICDR utilizes state-of-the-art electronic administrative platforms. Global experience working with law firms and international businesses along with its multilingual staff form an integral part of its administrative system.
Pre-Dispute Mediation Clause
The following pre-dispute mediation clause may be included in contracts:
In the event of any controversy or claim arising out of or relating to this contract, or a breach thereof, the parties hereto agree first to try and settle the dispute by mediation, administered by the International Centre for Dispute Resolution under its International Mediation Rules, before resorting to arbitration, litigation, or some other dispute resolution procedure.
The parties should consider adding:
a. The place of mediation shall be [city, (province or state), country]; and
b. The language of the mediation shall be __________.
Existing Dispute Mediation Agreement
If the parties want to use a mediator to resolve an existing dispute, they may enter into the following submission agreement:
The parties hereby submit the following dispute to mediation administered by the International Centre for Dispute Resolution in accordance with its International Mediation Rules.
(The clause may also provide for the qualifications of the mediator(s), the place of mediation, and any other item of concern to the parties.)
ICDR Standard Concurrent Arbitration-Mediation Clause
Some parties prefer not to obligate themselves to mediate as a condition precedent to the filing of arbitration. This clause provides that the parties mediate their dispute but allows them the flexibility of choosing when they wish to schedule their mediation conference. After the arbitration is filed, the ICDR will contact the parties to discuss the appointment of a mediator and their scheduling preferences for the mediation conference.
Any controversy or claim arising out of or related to this contract, or a breach thereof, shall be resolved by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. Once the demand for arbitration is initiated, the parties agree to attempt to settle any controversy or claim arising out of or relating to this contract or a breach thereof by mediation administered by the International Centre for Dispute Resolution under its International Mediation Rules. Mediation will proceed concurrently with arbitration and shall not be a condition precedent to any stage of the arbitration process.
ICDR Standard Mediation-Arbitration Step Clause
Use of the mediation process is growing globally. In mediation, parties are free to negotiate business solutions not constrained by law or contract. The mediator acts as a neutral facilitator to such negotiations. Parties to ICDR-AAA administered mediations historically have enjoyed a high percentage of settlement.
In the event of any controversy or claim arising out of or relating to this contract, or the breach thereof, the parties hereto agree first to try and settle the dispute by mediation, administered by the International Centre for Dispute Resolution under its International Mediation Rules. If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim arising out of or relating to this contract shall be settled by arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution.