1. Scope of application: The rules apply to any mediation arising out of or relating to a contract or agreement containing a mediation clause that refers to the ITC or its mediation rules.

  2. Request for mediation: A party initiating mediation must submit a written Request for Mediation to the ITC, including the names and contact details of the parties, a brief description of the dispute, and any other relevant information, such as the mediation clause in the contract or the parties' agreement to mediate.

  3. Commencement of mediation: The mediation proceedings shall be deemed to commence on the date the ITC receives the Request for Mediation, provided that all procedural requirements have been met.

  4. Appointment of mediator: The ITC, in consultation with the parties, appoints a qualified and impartial mediator to facilitate the mediation process. The mediator should have expertise in the subject matter of the dispute and possess excellent communication and negotiation skills.

  5. Place of mediation: The parties may agree on the place of mediation. If they cannot agree, the ITC will determine the location.

  6. Language of mediation: The parties may agree on the language of the mediation proceedings. If they cannot agree, the mediator will decide on the appropriate language.

  7. Confidentiality: The ITC, mediator, and the parties must maintain the confidentiality of the mediation proceedings, including any settlement proposals, offers, or admissions made during the process, unless otherwise agreed or required by law.

  8. Good faith participation: The parties agree to participate in the mediation process in good faith and to make a genuine effort to resolve their dispute amicably.

  9. Costs of mediation: The parties shall share equally the costs of the mediation, including the fees of the mediator and the ITC's administrative fees, unless otherwise agreed. The parties shall each bear their own costs and expenses related to the mediation, including attorneys' fees.

  10. Settlement agreement: If the parties reach a settlement, they should draft and sign a written settlement agreement outlining the terms of the resolution. The agreement becomes legally binding and enforceable once signed by both parties.

  11. Termination of mediation: The mediation process may be terminated if a settlement is reached, if the parties agree to end the process, or if the mediator determines that further efforts are unlikely to result in a resolution.

  12. Follow-up: The ITC may follow up with the parties to ensure compliance with the settlement agreement or to gather feedback on the mediation process for quality assurance purposes.

Please consult your local ITC chapter to understand the exact rules applicable to your situation.