Mediation As An Effective Dispute Resolution Method

Binding character of a dispute resolution clause setting pre-arbitral obligations, a matter of wording

The Swiss Federal Supreme Court found that the parties bindingly agreed on a pre-arbitral obligation to resort to mediation by a reference to the ADR Rules of the ICC (currently ICC Mediation Rules). Through this reasoning, the Swiss Federal Supreme Court indirectly held that the reference to a specific set of procedural mediation rules constitutes a sufficient degree of accuracy to evidence the parties' will.

Worth mentioning, respondent's objection that mediation had almost no chance to be successful in light of the litigious relationship between the parties was rejected by the Swiss Federal Supreme Court. In this particular regard, the Swiss Federal Supreme Court exposed a very positive view with respect to mediation and found that the beneficial influence a person well versed in the alternative dispute resolution methods may have upon the parties shall not be