Mediation Advice

This page should answer, clearly and openly, the most frequently asked questions about CEDR Solve mediation services – questions asked by users and by mediators on the CEDR Solve Panel.

The key areas of information covered are:

If you have a specific question which has not been answered then please contact CEDR Solve Director, Gregory Hunt at ghunt@cedrsolve.com.

CEDR Solve

What is CEDR Solve?

CEDR Solve is a business name of CEDR Services Ltd, which is a wholly owned trading subsidiary of The Centre for Effective Dispute Resolution Ltd (CEDR). CEDR Solve operates under a commercial business model and resultant trading profits are gifted to CEDR for use in its work to cut the cost of conflict.

Who is in the team?

CEDR Solve is made up of two practice units: commercial services and consumer services, both led by its Director, Gregory Hunt. The commercial practice is run by our Practice Manager, John Munton. Reporting to John we have a team of advisers – Ana Bauder (Senior Adviser), Emma Lucas (Adviser) and Charlotte Williams (Assistant Adviser). John’s role is to ensure that CEDR Solve meets the needs of law firms and business when it comes to the provision of commercial ADR services. John uses his experience as former Practice Manager of Keating Chambers to strengthen CEDR Solve’s offering.

The consumer practice is run by our Schemes Manager, Gina Shim. For more information about our consumer practice please contact Gina at gshim@cedrsolve.com.

What mediation services do you offer?

We offer mediators for all civil and commercial disputes, from small claims in the low thousands of pounds to huge national and international claims worth hundreds of millions of pounds. Mediations can be booked for half or full days or more and we have a range of schemes like the recently launched Mediation 125, a fixed cost mediation service for claims valued at up to £125,000 (or ) which caps the fee at no more than £3,000 and considerably less for smaller claims.

Doesn’t CEDR Solve charge more than other providers for mediation appointments?

No. The services provided by the team are free of charge regardless of whether you need a simple nomination service or an in-depth investigation that takes considerably longer to implement.

If you don’t charge, how do you make your money?

We have fee agreements in place with our mediators which vary depending upon their experience, their reliance on our ability to secure work for them and the amount of time it takes to set up the mediation.

What is the CEDR Solve Mediator Panel?

The CEDR Solve Mediator Panel is one of the leading groups of mediators across the world. It contains c. 100 mediators and is consistently re-assessed and improved. We aim to have the highest quality panel of mediators in the world that covers every possible sector. In having the Panel under constant review we are able to ensure we can invite new talented mediators to join. Membership of the Panel is now limited to a two year term after which mediators must re-apply.

Mediators are drawn from a range of different professional, social and geographical backgrounds. Each member of the panel is qualified under CEDR’s assessment, selection and feedback procedures.

Does CEDR Solve only operate in the UK?

Not at all. We currently have formal panels in the UK, Ireland and in the Asia Pacific, with more planned shortly. However, our mediators are drawn from many jurisdictions and are often appointed to mediate conflict in many parts of the world.

Do people have to pay to be on the Panel? If yes, why?

Members are asked to pay a yearly fee to be on the Panel. This fee demonstrates the value of them being able to market themselves as being on the leading panel of mediators bringing with it the opportunity and eligibility for CEDR Solve to profile them to potential clients.

What training have members of the Panel completed?

All members of the Panel have successfully completed the 5 day CEDR Mediator Skills Training Programme, commonly acknowledged as the leading mediator training delivered across the world, together with further practice assessment and regular feedback appraisals.

How do you choose who to recommend and appoint?

Several times a day we hold a “Mediator Recommendation Forum” (MRF) in which we discuss the referrals we have received so far that day, consider party needs and come up with a range of names. We then check fees (having ascertained from the parties their budget for the mediation) and cross-check with the information provided to us by the mediators. When a shortlist is drawn up the mediator is sent an email notifying them of the fact that they have been nominated and the names of the parties and their lawyers, and also includes an estimate of their fees for the mediation should they be selected by the parties. This allows the mediator to perform a conflict check. As many mediations are short notice it may be that the email also includes the date of the mediation, though if it is very short notice the team will call the mediator before drawing up the shortlist to check availability.

In the meantime the parties receive a letter giving the names of the mediators who have been nominated and an indication of their hourly rates for mediation. These are based on a typical; mediation day being 13 hours – 8 hours for the mediation and 5 hours for pre-mediation preparation.

We may sometimes propose mediators at noticeably different fee levels. This is where we anticipate that the cost of the mediation may be an issue so we select highly credible candidates at different price points to address this. We remind enquirers that should they feel that the mediators suggested do not meet their needs for any reason we encourage them to contact us so that we can discuss their requirements further and re-assess the candidates.

It is worth noting that it can take an experienced Adviser anything from an hour to a couple of days to put together a list of recommendations to clients depending upon the complexity of the request and the number of parties (which has ranged from two to more than 40 in many years).

Can members of the Panel use their membership as a marketing tool?

Yes, only members of the Panel can refer to themselves as CEDR Solve Panel Mediators in any guise. Non-members who are Accredited may say they are CEDR Accredited, but only members of the Panel can specifically refer to ”…being a mediator with CEDR Solve”.

I’ve heard all the cases are done by CEDR employed full-time mediators – is this true?

No. Fewer than 30% of mediations that take place through CEDR Solve are mediated by CEDR professional staff, and these include low value and scheme cases. Many former and current CEDR directors do have established mediation practices and are regularly appointed directly by clients.

How do people get on the Panel?

All members of the Panel are CEDR Accredited and have been invited to join the Panel based on their professional expertise, their experience as a mediator and based upon a need in the Panel for their expertise. Whilst the majority of members of the Panel are experienced mediators we do from time to time invite newly qualified mediators to join based upon their performance at training and the need for their expertise on the Panel.

Can people who are not CEDR Accredited join the Panel?

No, all members of the Panel are CEDR Accredited. CEDR Skills does offer exemptions on the length of the training if you have been accredited by an approved trainer, but it is strongly recommended that you complete the five day programme. Further information is available from CEDR Skills at training@cedr.com. Completion of the training in itself does not guarantee admission to the Panel.

Is membership of the Panel time limited and can you remove someone before the time limit expires?

Membership of the Panel is subject to a two year term after which members may or may not be invited to re-apply. Members of the Panel can be removed before the end of the two year fixed period if there are significant issues relating to performance or if they act against the best interests of the CEDR group of companies, the Panel and / or their fellow Panel members. CEDR Solve attempts to gather feedback on all commercial mediations and investigates any areas of complaint made by users against a mediator on the Panel. Such investigations may result in a member being removed from the Panel.

Are all CEDR Solve mediators exclusively available from CEDR Solve?

No. Many of those available via CEDR Solve direct are exclusive, but generally speaking members of the Panel can be available from other sources. The advantage of booking through CEDR Solve is that we have a large panel so we are always able to appoint, even at very short notice, and we always take feedback so we are able to monitor the performance of our mediators and keep the Panel relevant and up to date at all times.

Does CEDR Solve help people to build their career as a mediator?

No. Members of the Panel are eligible for selection if they meet the parties criteria for selection and are chosen by the parties. Parties are generally quite sophisticated and choose mediators for a whole range of reasons – availability, experience, geographical location, price and legal or professional background to name but a few. On those occasions where the parties ask CEDR Solve to make the appointment we take all the needs of the parties into consideration before searching the Panel for the right person for the case. At all times CEDR Solve will propose the mediators on the Panel who are available and most closely meet the criteria disclosed by the parties.

Outside of membership of the Panel, members are encouraged to join the CEDR Exchange which holds a number of events each year designed to help people improve their mediator skills and build their mediator career. For more information about membership of the CEDR Exchange please contact Amy Sullivan at asullivan@cedr.com.

Do members of the Panel have to undertake Continual Professional Development?

Yes, members of the Panel must self-certify each year that they have completed at least six hours mediation related CPD and been involved in at least two mediations in the prior 12 months (this is based upon the requirements of the Civil Mediation Council and may be subject to change). Assistant mediator appointments count towards the two mediations a year – for opportunities to act as an assistant please contact Emma Lucas at elucas@cedrsolve.com

Are all mediators lawyers?

No. Parties often ask for someone who is not a lawyer or express no preference. Even where they ask for a lawyer we, with their agreement, put forward two lawyers and one non-lawyer so they can see someone who might offer something different to the mediation.

What is CEDR Solve direct?

CEDR Solve direct is our core mediator group who run their mediation practice through CEDR Solve and from which we select mediators when they meet the required criteria and are available (we have access to their diary so know their precise availability at all times). All members of direct are experienced mediators who are full-time ADR professionals, are currently working as professionals in a number of industries, or are young up and coming mediators who have attained the very highest levels of accreditation.

Members of direct have a close relationship with the team and are profiled on the CEDR Solve website and in other marketing materials. They are given other opportunities to develop their practice such as opportunities to speak at events, place articles, and also receive assistance with their Legal 500 and Chambers directory entries. Members of direct carry CEDR Solve branded business cards and can access desk space and support services within CEDR’s offices.

Advice for Mediators

I’m CEDR Accredited, experienced and think I’m a good mediator. However, I’ve never been invited to join the Panel, so can I apply?

Yes, of course. We are open to people applying at all times and if someone meets the criteria and we can agree terms, then there is no bar on entering the Panel by application. If you would like to apply please send a covering letter outlining why you feel you should be admitted, including the date of your CEDR Accreditation, any feedback from parties on your performance and mediator style and a copy of your mediator CV to John Munton at jmunton@cedrsolve.com.

Is mediation work guaranteed through CEDR Solve and how many mediations will I get a year?

Mediation activity fluctuates and there is no guarantee of work via membership of the Panel. However, your chances of working as a mediator are enhanced through membership of the Panel, as not only will you be eligible for profiling by CEDR Solve in appropriate cases, but you may pick up work direct from parties or via other sources simply because you are able to demonstrate that you are on the Panel.

What can I do to help me get more opportunities to be profiled to clients?

It is difficult to profile members when we do not have current information relating to their experience. This is why we ask for regular updates through information forms, grading sheets and CV’s. You also need to recognise that as well as growth in direct appointments, many mediations are now booked at short notice – within a week or two of the mediation. Because many panel members are already mediating regularly or have limited availability to mediate because they have active jobs running legal and commercial practices, short term availability is often difficult to achieve. However, to gain traction as a mediator it is important for you to let us know your availability on a regular basis – it is a key driver in the decision making process as clearly, you will not be recommended if you are not available.

Do you weaken your recommendations so less experienced mediators get an opportunity to mediate?

No, we will always provide parties with the strongest possible recommendations in order to meet their requirements.

Why can't appointments be shared equally?
Appointments cannot be shared equally because the needs of the parties come first, not the needs of the Panel. It would be unprofessional of CEDR Solve to foist mediators on parties simply because it was “their turn”. Mediations are all different and one of the most important advantages of using CEDR Solve to source your mediator is the fact that we undertake the MRF and recommend mediators to parties based solely on their needs and requirements – and the qualifications, experience and availability of the mediator.

Why won't CEDR Solve give me a chance and let me mediate?

We offer a professional service for clients, not for mediators.

How much do I get paid as a mediator?

When you are nominated for appointment you will be given an estimate of your fee which will be based upon the hourly rate you told us you wish to work for minus our share of the fee for securing the work for you. When we quote fees for members of the Panel they range from £180 to £600 per hour depending upon the experience of the mediator and other factors. Our share of the fees also differs depending upon the experience of the mediator and where they are in their mediator development journey.

Can you give me any advice on the types of questions I should ask myself following a mediation, to reflect on my performance?

You should complete a brief report on the report sheet to cover the following:

  • Summary of the dispute
  • Mediation process points including key turning points in the mediation, if any
  • Please also take the time to reflect and comment on the following questions:

    1. What methods did you use to build trust / create empathy with the parties?

    2. Provide examples when you used one or more of the following techniques?
     - a. Deflect
     - b. Reflect
     - c. Re-frame
     - d. Re-focus

    3. Did you state realities of the case and how did the parties react?

    4. Do you feel you adequately created space for people to be heard/listened to?

    5. To what extent did you manage to develop options / explore bargaining ranges?

    6. Was there any more you could have done to give others control?

    7. Is there anything you might have done differently to re-configure team dynamics?

    8. To what extent did a change the environment assist parties to move forward?

Mediation Advice

CEDR Solve's team of dispute resolution advisers have unrivalled experience of arranging mediations and preparing the parties.

We have produced a range of guidance notes for solicitors representing their clients and for clients taking part in mediation.

Please come back to this page for more updates in the coming months.

CEDR Solve