Back in September 2015, CEDR introduced a new process document, the “ADR Notice” – which has always been referenced in our Model Contract Clauses as a communication between parties requesting (or in the case of a mediation contract clause – triggering) mediation. Therefore CEDR decided it would be useful to formalise this communication – particularly as it would be helpful in assisting with compliance with the current Practice Direction – Pre-Action Conduct and Protocols, Parts 8 and 9.
The ADR Notice has since proven popular with users of mediation and so CEDR decided to launch an ADR Notice Extranet (http://adr.cedr.com) which provides parties and their legal advisors with:
- A model ADR Notice to be used in communications between the parties and the ADR provider
- The Model Mediation Procedure to understand and prepare for the process
- Model ADR Clauses for commercial contracts
The ADR Notice requires the party referring the case to mediation to indicate if the reference of the dispute is due to a contract clause or a way to comply with the Pre-action Protocol; the nature of the dispute; the information sent to the provider; the chosen ADR process and the names and contact details of the parties and their legal advisors. Upon receiving such notice, the ADR provider will make contact with the parties, and advise them on searching the right mediator, setting up the process, and getting the most out of the process.
The CEDR ADR Notice and ADR Notice Extranet are the first of their kind, and during the pilot phase have already proven their efficiency, being used many times by various organisations.