CEDR's free mediation documents have been published in their tenth revision to reflect mediation's increased integration into regular litigation practice. CEDR first created a Model Mediation Agreement. The last change was in 2004, however the changes in the tenth edition are some of the most important, which the thousands of lawyers who have previously downloaded the documents need to be aware of.
While parties will still share mediator costs equally, under the standard procedure there is a significant change on fees allowing parties to claim mediation costs as costs in the case if the matter goes to trial (although parties can choose to opt out of this).
Additionally the rules on mediation confidentiality have been tightened within the process. The fact that mediation takes place is not confidential, unless the parties choose otherwise.
A major structural change has been splitting the Procedure from the Agreement, for simplicity and ease of use. The mediation Agreement stipulates that Mediations must follow the Model Procedure and contracts the Mediator to abide by the CEDR Code of Conduct on ethical practice. Each party warrants that someone has authority to bind them to the mediation agreement and to any settlement terms.
The mediator's liability is now limited to cases of fraudulent acts or omissions, or those involving wilful misconduct. In the old agreement, a mediator was liable only if shown "to have acted in bad faith".
Karl Mackie, Chief Executive of CEDR commented, "CEDR keeps its Mediation Agreement and Procedure under constant review in the light of developments in law and practice and to keep it as useful and effective as possible. In the UK, the whole legal framework of any mediation is largely dependent on the contract formed between the parties to the mediation, which makes its terms absolutely crucial.
"My thanks to Tony Allen and the team at CEDR as well as those members of the judiciary and others who have contributed to the consultation on this important set of documents."
All documents are available for free download on the CEDR website. CEDR also provides free Model ADR Contract Clauses, designed for inclusion in commercial contracts to provide a smooth access to an ADR solution if a dispute arises.
CEDR is an independent non-profit organisation supported by multinational business, leading professional bodies and public-sector organisations. Its mission is to encourage and develop mediation and other cost-effective dispute resolution and prevention techniques.
CEDR Solve is the dispute resolution and prevention arm of CEDR, with over 18 years unrivalled experience in helping parties resolve disputes in over 13,000 cases, it is recognised as the UK’s leading commercial mediation provider.
For further information contact:
CEDR, Andy Rogers, firstname.lastname@example.org, 020 7536 6000
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