The Centre for Effective Dispute Resolution (CEDR) has for the first time simultaneously updated all of its main model mediation documents and rules.
The updated documents, available on the CEDR website here, include:
- Model ADR contract clauses
- Model Mediation Agreement
- Model Mediation Procedure
- Code of Conduct for Mediators
- Model Settlement Agreement
- Model Expert Determination Agreement
The key changes are summarised in the accompanying Notes, here.
In addition, CEDR’s international ADR contract clause has now been published in an additional four languages - adding Portuguese, Japanese, Arabic and Russian to the existing Mandarin, French, German, Spanish, Italian and English.
In launching the updated documents, CEDR stated that the revisions reflect the changing use of mediation, including its increasing use prior to commencement of court proceedings as well as a trend for many mediations to be set up at short notice.
Significant changes include more robust language around the confidentiality and without prejudice nature of the process and the inclusion of firmer timelines for mediators to be appointed and for mediations to take place. Specifically, in all of the mediation clauses there is now reference to a specific number of days (14) from notice of the dispute for the mediator to be nominated by CEDR if no agreement has been reached. Further, in the clauses referring to an ADR Notice, there is now reference to a specific number of days (28) from the date of the ADR Notice within which the mediation will start.
CEDR has indicated that the new 2014 updates foreshadow a change to its approach to revising the documents. Whereas previously the documents would only be updated when necessary, they will now be updated and reissued annually going forward.