SCC revises its Mediation Rules
The SCC Arbitration Institute (SCC) has introduced significant changes to its Mediation Rules, which came into force on 1 January 2025. These revisions aim to enhance procedural efficiency, predictability of costs, and the overall effectiveness of the mediation process.
Published
What is new?
One of the key changes is the introduction of a new remuneration scheme. Previously, the SCC’s practice included a non-refundable registration fee of EUR 1,500 and ad valorem administrative fees based on the amount in dispute, ranging from EUR 1,500 to EUR 30,000. Mediators were remunerated with EUR 4,000 for each day of mediation hearings plus an additional one-time EUR 4,000 for preparatory work. This often resulted in parties paying more for the institution’s administrative services than for the mediator’s efforts to facilitate settlement.
The 2025 revision has removed the previous registration fee and introduced a fixed administration fee of EUR 4,000, along with fixed mediator fees of EUR 16,000. This change provides predictability of mediation costs and aligns with the fee rates of other SCC services. The new scheme ensures that institutional costs do not exceed the mediator’s remuneration, emphasising the value of the mediator’s services.
Additionally, the SCC Mediation Rules continue to uphold the voluntary nature of mediation. Mediation is initiated by a request from one of the parties, and the recipient party must agree to participate for the mediation to proceed. This consensual approach is reinforced by the SCC’s combined Model Mediation Clause, which allows a party to seek a legally binding assessment without mandatory pre-arbitration conditions.
The revised rules also maintain the high efficiency encountered under other SCC services. Mediations are expected to be conducted without undue delay, with most cases being concluded within an average of 2.9 months from referral to termination.
What does this mean for mediation users and practitioners?
The 2025 revisions to the SCC Mediation Rules introduce a progressive take on mediation costs, ensuring greater predictability and emphasising the value of the mediator’s services. These changes make the mediation process more efficient and economically predictable, benefiting parties interested in an expeditious and effective means of consensual dispute resolution.
Interested in a deeper dive into the changes? Read an article on the Jus Mundi platform by the SCC’s Visiting Professional Raoul J. Sievers here.
Find out more about mediation under the SCC Rules here.