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CEDR revises its Model Mediation Agreement and Procedure 
CEDR's free mediation documents have been published in their tenth revision to reflect mediation's increased integration into regular litigation practice. CEDR created a Model Mediation Agreement and Procedure in 1990 and have revised the documentation as needed. 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. Perhaps the most significant is that whilst 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).

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2008 CEDR Awards for Excellence in ADR - call for entries

The announcement of the biennial CEDR Awards for Excellence in ADR - the seventh occasion of their offering - marks a further milestone in what has been an eventful period for effective dispute resolution and conflict management.

Link: To read the full news piece and obtain entry instructions please click here

Peering behind the veil of mediation confidentiality, a new judicial move in Malmesbury v Strutt and Parker
Commentary by Tony Allen, Solicitor and a Director of CEDR

Mediators have always felt it possible to reassure parties who attend at a mediation that the agreement which they sign protects everyone (including the mediator) from disclosure of what is said or offered at the mediation from subsequent judicial attention, whether in relation to the costs of a settled case or at the trial of an unsettled case. The fundamental principle has always been regarded as being that a mediation should be a safe haven, where the parties benefit from the privacy it affords, as it gives them the chance to behave in ways which they would not adopt if they were in any sense “on the record” in doing so.

Link: To read the full article please click here