Why use CEDR’s Model Documents?

It is now standard practice to insert an ADR clause into any commercial contract.

At its simplest, an ADR clause allows the contracting parties to agree that if a dispute arises, they will use an alternative form of dispute resolution (such as mediation) as a step prior to, or at least alongside, court action or binding arbitration. An effective ADR clause will usually save time and costs, as well as potentially preserve valuable commercial relationships. An ADR clause leaves both parties in control and provides them with a simpler way of resolving a dispute prior to court or arbitration proceedings. It also significantly offers parties a constructive way of proceeding beyond stalled or ineffective negotiations.

2023 Update

We regularly review our model documents to ensure that they still reflect best practice.  CEDR’s model documents include the Model Mediation Agreement, Model Mediation Procedure and Code of Conduct for Third Party Neutrals. These are downloaded by 20,000 users annually.

For the 2023 edition, all of CEDR’s model documents were reviewed and have been approved by the drafting committee.

There were three broad areas of change that the drafting committee implemented.

Firstly, the documents have been reviewed to indicate that online, in-person and hybrid mediation is valid for the mediation process.  This also reflects the change in mediation since 2020 with the tenth CEDR mediation audit (2023) showing 64% of cases are now conducted online.

Secondly, the Model Mediation Agreement has been updated with language surrounding authority to heighten emphasis that the signatory is binding all representatives of the party to the terms of the mediation agreement and that someone with authority to settle will attend the mediation. 

Thirdly, some provisions of the Model Mediation Procedure around practicalities, such as document exchange, mediation start time and venue choice, have been reworded to indicate that it is for the parties to agree with the mediator, rather than for the mediator to arrange. 

The 2023 drafting committee was comprised of CEDR mediators, lawyers and CEDR staff.  We are grateful to them for this detailed review.

Overview of changes to Model Documents 2023 >

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