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.
When you can use it
- For ADC claims where both parties choose to mediate before a formal hearing or arbitration
- When recommended by the Allocation Chair or ADC Secretary
- For other railway access disputes between Train Operators and Network Rail that could benefit from mediation
The pilot runs in parallel with the existing ADRR framework - the rules incorporated into every bilateral access contract between Network Rail and access rights holders. This means you keep all your existing protections while gaining access to a more flexible dispute resolution option.
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