Comments: By incorporating this clause, the parties acknowledge that they have proceedings at all times under the ICC Mediation Rules. This clause does not oblige the parties to do anything, but the existence of the clause is intended to remind them of the possibility of resorting at any time to mediation or other settlement proceedings. In addition, it can provide a basis for one party to offer mediation to the other party. One or more parties may also request assistance from the ICC International Centre for ADR in this process. Arbitration policies are generally as follows, write Sarah Rudolph Cole and Kristen M. Blankley in their chapter “Arbitration” in The Handbook of Resolution (Jossey-Bass, 2005). Together, the parties select an arbitrator from a list provided by an arbitration registry. The arbitration will take place in a private conference room and not in a public courtroom. Unlike clause C, this clause provides that arbitration proceedings may be commenced only after the expiry of an agreed period after the filing of a request for mediation. The period proposed by the model clause is 45 days, but the parties should choose a period they deem appropriate for the contract in question. The parties agree that they are responsible for the costs of their legal assistance and personal travel. The fees and charges of the Mediator as well as all costs of managing the mediation, such as.
B the costs of the mediation room, if any, shall be borne equally by the parties. In the event of no agreement or disagreement on only a few issues, the Ombudsman shall immediately submit a report to the parties in which he shall simply state that no agreement has been reached on some or all of the outstanding issues. Employers often include mandatory arbitration clauses in their employment contracts, as do many companies that deal with consumers.