Rules & Procedures
ACDR has provided innovative, time and cost saving procedures incorporated into their Mediation Rules. For instance, in recognition of logistical and cultural differences in international mediation versus domestic mediation, the ACDR has drafted the ACDR International Mediation Rules separately from the ACDR Domestic Mediation Rules. Parties are free to adopt either procedure by stipulation or contract and, absent such agreement, the ACDR will apply the appropriate rules in consideration of the parties and nature of the dispute.
Differences between the two sets of Rules include the ability for parties to explicitly request a particular expertise, nationality or language requirement of their mediator under the ACDR International Mediation Rules Article 2(4). In addition, a list of nine mediators is provided for international disputes where a greater diversity of parties is foreseen versus a list of five for domestic disputes under Article 4(1). Further, a longer timeframe is afforded for parties to return their preferences of mediators to account for the greater number of mediators and potential difficulties in cross-border communication under the ACDR International Mediation Rules Article 4(2). Both sets of Rules are designed to have the entire process conclude within 90 days of the appointment of a mediator in an effort to realize the benefits of mediation as saving time and cost.