Access Disputes Committee Mediation Pilot
CEDR is authorised by Access Disputes Committee to administer the Mediation Pilot Scheme (the Scheme). The Pilot Scheme applies to claims brought through Access Disputes Committee (“ADC”) where parties have decided to mediate before either a formal hearing or arbitration or as recommended by the Allocation Chair or ADC Secretary.
The Scheme is voluntary and will run in parallel with Access Dispute Resolution Rules (ADRR) of the Network Code - a set of rules which is incorporated into, and therefore forms part of, each bilateral access contract between Network Rail and holders of rights of access to the track owned and operated by Network Rail (holders of “access rights”).
CEDR have agreed to open the pilot scheme up to all Train Operators and Network Rail for other disputes they believe might be appropriate for mediation.
The benefits
- Mediation has a proven track record of resolving 70% - 85% of disputes on the day of the mediation or shortly thereafter
- It is widely acknowledged by users as a being cost-effective alternative to arbitration, adjudication or litigation
- It is quick – most mediations can be arranged and concluded within a few weeks
- Confidential, informal and flexible – a wide variety of settlement options can be achieved without setting precedents
- With parties in control of the settlement terms, a better quality of outcome can be achieved and can often improve ongoing relationships or long term projects.
