CEDR (Centre for Effective Dispute Resolution) for the first time simultaneously updated all of its main model mediation documents and rules. CEDR's free mediation documents, part of its not for profit mission, have been modernised to reflect the changing of use of mediation, such as the increasing use pre-issue of claim as well as the trend for many mediations to be set up at short notice.
Since CEDR created a Model Mediation Agreement and Procedure in 1990, along with its ADR Contract Clauses, the documents have become some of the most influential and useful developments in the field, with over 200,000 downloads from the CEDR website every year.
In producing the rules CEDR used its knowledge of the 8,000 disputes it handles annually for all ADR processes and in particular the 350 ‘major case’ mediations where the average quantum of claim is well over £1 million (€1.25 million or $1.7 million US). The new 2014 update also marks a difference in approach to revising, whereas previously the documents would only be revised as needed, from now on they will be updated each year so users can be confident they are always using the most up-to-date versions.
Other significant changes include creating stronger timelines for mediators to be appointed and for mediations to take place, avoiding the potential pitfall of mediation delaying progress in finding a resolution for the parties. There is also more robust language around the confidentiality and without prejudice nature of the process to quote from the new overview:
“As well as positive innovations in mediation practice we have also seen rare occurrences where difficulties have arisen and best practice has not been followed. These exceptional instances only serve to reinforce the message that, whilst mediation itself should retain flexibility within its structure, the core principles continue to provide a sound, reliable basis.”
CEDR’s international contract clause, widely used by in-house counsel and transactional lawyers around the world, is now available in ten languages, an increase on the previous six; adding Portuguese, Japanese, Arabic and Russian to Mandarin, French, German, Spanish, Italian and English.
Dr Karl Mackie CBE, Chief Executive of CEDR, commented, “Around the world every year hundreds of thousands of individuals are using these documents which is why it is important that we renew them to ensure they continue to meet the changing environments of commerce, law and the workplace. Our latest updated documents will help to safeguard mediation’s continuing successful impact. With the use of commercial mediation growing significantly it is now more important than ever that those working in the field of ADR maintain the quality of its practice to ensure that innovation is successfully implemented in the many jurisdictions which have come to embrace the idea.”
All documents can be viewed in the Resources Section of www.cedr.com
Notes to Editors:
CEDR is a not-for-profit body, founded in 1990, that campaigns for better resolution of disputes and management of conflicts. CEDR’s innovative initiatives promote awareness of the need for more effective leadership in collaboration and dialogue and how to achieve it.
CEDR is Europe’s largest independent Alternative Dispute Resolution service, which to date has helped over 40,000 parties in commercial disputes.
CEDR is the leading negotiation and conflict management trainer internationally acclaimed for its Mediator Skills Training of over 9000 mediators. It also consults globally on Civil Justice reform and helps business develop conflict management systems.
For further information please contact:
Andy Rogers, +44(0)20 7536 6000, firstname.lastname@example.org
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