As the world’s leading institution devoted to international investment dispute settlement, ICSID supports investor-State mediation though the provision of services to parties, the development of rules of procedure for mediation, and the organization of events and training courses.
Mediation offers a party-driven approach to dispute settlement. The mediator's role is to facilitate the parties' negotiations, for example, by helping each party to identify its interests, overcome barriers to settlement, and develop possible settlement options with the parties. Mediation is entirely voluntary and typically based on a written mediation agreement between the disputing parties.
In 2018, ICSID began work on a new set of mediation rules. As part of a broader effort to update and further modernize the Centre’s procedural rules for resolving investment disputes, these will be the first institutional mediation rules designed specifically for investment disputes.
The mediation rules complement ICSID’s existing rules for arbitration, conciliation and fact-finding, and may be used either independently of, or in conjunction with, arbitration or conciliation proceedings. Once approved by ICSID Member States, their availability will assist Member States to implement their international investment agreement provisions offering investment mediation.
Mediation Rules can be found here.
ICSID supports efforts by parties to resolve investment disputes through mediation at all stages of a dispute.
The Centre provides its facilities and administrative services, including a dedicated staff team which assists the parties and the mediator(s) throughout the process. ICSID administrative assistance may include identifying qualified mediators, facilitating communication between the parties and the mediator, handling all aspects related to the organization of joint or separate mediation sessions, and managing the finances of the process. ICSID is in the unique position to offer state-of-the-art conference facilities at the World Bank Group’s offices around the world.
Parties to mediation proceedings are free to select the services desired. For further information, contact us at icsidsecretariat@worldbank.org.
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