Project mediation is designed to help support the successful delivery of a project by identifying and addressing problems before they turn into disputes about payment and delay.
It enables conflict management and dispute resolution to be integrated into the contract as part of a collaborative contracting approach and can be used for almost any project but may be particularly appropriate for:
The benefits of project mediation are that it:
As project mediation is integrated into the contract, it will be included as part of the contract procurement documentation. However, if it has not been included, the parties can still adopt project mediation.
Appointment of Project Mediators
Once the Core Parties have decided that they want to adopt project mediation for their project, we will assist them in identifying the project mediators.
We will appoint two trained Project Mediators who will be chosen on the basis of the mix of skills and professional backgrounds the parties think will be most appropriate for the project. On smaller projects, it may be more appropriate to have a single project mediator.
The parties will be charged a single appointment fee for both project mediators.
Protocol and Model Agreement
The CEDR Model Project Mediation Agreement incorporates the Model Project Mediation Protocol ("the Model Protocol"). The Project Mediation Agreement ("the Agreement") can vary the Model Protocol. The variations, if any, can be set out in the body of the Agreement or the Project Mediation Agreement can state the variations made in manuscript (or otherwise) on the incorporated Model Protocol.
To obtain a copy in PDF format click here.
The Model Protocol sets out the terms and conditions under which the contracting body and contractor (referred to as "the Core Parties") and any identified consultants, sub-contractors or specialist suppliers (referred to as "Key Suppliers") and the Project Mediators will follow. It provides a framework in which the Project Mediators can function to aid the early identification of actual or potential differences, disputes and claims and facilitate their resolution. The Model Protocol also refers to the CEDR Model Mediation Procedure in the event that the parties require a formal Mediation and includes, as Appendix 1, the Key Supplier Joining Agreement used to join in a new Key Supplier to the Project Mediation Agreement.
Key components and costs
Project mediation under CEDR Solve consists of three components:
Outside the site visits, it is for the parties to keep the mediators informed about any issues that might affect contract performance. The parties may call one or other of the mediators at any time to discuss project concerns and seek guidance.
Cost basis: monthly retainer and hourly rate for each Project Mediator. A daily rate is also agreed should the need arise, for example, for whole day site visits or a formal mediation [See (3) below].
Cost basis: 'one off' fee.
Cost basis: daily rate and pro rata hourly rate for additional hours related to the formal mediation.
All fees are shared equally by the Core Parties.
26 Apr 2013
May set to be busy month for CEDR
Mediator Skills Training - Fast Track – 5 June 2013
Certificate in Advanced Negotiation - Module 1/3 – 25 July 2013
Mediator Skills Training - International – 19 August 2013
Certificate in Advanced Negotiation - Module 1/3 – 12 September 2013