Mediation and Its Benefits:
- Analyze how mediation can serve as a precursor to arbitration, allowing parties to reach amicable solutions before escalating disputes.
- Discuss the confidentiality of mediation and its implications for future arbitration proceedings.
Expert Determination:
- Explore scenarios where expert determination can provide a faster resolution compared to arbitration, particularly in technical disputes.
- Highlight how expert determinations can be binding or non-binding, depending on party agreements.
Interplay:
- Discuss how mediation and expert determination can be used sequentially or concurrently with arbitration.
- Consider how outcomes from mediation or expert determinations can influence or streamline subsequent arbitration processes.
Challenges and Considerations:
- Identify potential challenges in integrating these methods, such as enforceability of mediated agreements or expert determinations.
- Discuss the importance of drafting clear dispute resolution clauses that outline the order and conditions for using mediation and expert determination before arbitration
Future Trends:
- Reflect on the evolving landscape of dispute resolution and the increasing popularity of ADR mechanisms.
- Consider how the ICC might adapt its rules to better facilitate the integration of these processes with arbitration in response to market demands.
