The BCDR-AAA Mediation Rules 2019

Abstract

Mediation, at its most basic, is the process of seeking the settlement of a dispute through dialogue and the eventual agreement of the parties; merely facilitated by a neutral third party, the meditator. Mediation rules and procedures can and should be much lighter and less prescriptive than rules of arbitration; and mediation should be substantially quicker and less expensive than arbitration. This article will consider whether and if so to what extent the rules of mediation of BCDR-AAA (‘BCDR-AAA’ or ‘the Chamber’) provide a flexible framework and a light touch for the efficient, timely and cost-effective resolution of commercial disputes; drawing comparisons with the 2011 BCDR-AAA mediation rules, which they replace, and with the mediation rules of other leading institutions. ‘You can’t shake hands with a clenched fist.’ – Indira Gandhi