Better conflicts, Better outcomes, Better world

Overview of changes to CEDR Model Documents 2023
As part of CEDR’s governance, we regularly review our model documents to ensurethat they still reflect best practice. CEDR’s model documents include the ModelMediation 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, andhybrid mediation is valid for the mediation process. This ability to use different
formats was previously in the model documents but the committee have reviewed
and amended the documents to ensure this flexibility is clear throughout. 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 thatsomeone with authority to settle will attend the mediation. This change is made toreflect the fact that with the increase of digital online signatures of the mediationagreement prior to the mediation, it is important that any person signing remotely(for example a lawyer on behalf of their client) has the appropriate authority to doso and is aware of the undertakings that they are making.
Thirdly, some provisions of the Model Mediation Procedure around practicalities,
such as document exchange, mediation start time, and venue choice, have beenreworded to indicate that it is for the parties to agree with the mediator, rather
than for the mediator to arrange. This reinforces the importance of the parties in
the mediation process.
A full list of changes to the model documents is below.
The 2023 drafting committee was comprised of CEDR mediators, lawyers, andCEDR staff. We are grateful to them for this detailed review.
2023 Model Documents Drafting Committee
Lauren McGuirl, Director Commercial Dispute Resolution, CEDRTony Allen,
Neil Goodrum,
Amrik Kandola,
Alan Jacobs,
Eve Pienaar,
Andy Rogers
Kelly Stricklin – Coutinho
Frederick Way
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Better conflicts, Better outcomes, Better worldAppendix- Full list of changes to the CEDR model documents
Not listed below are very simple changes in language or grammar to improve readability(and where there is no change in meaning or emphasis).

Model Mediation Agreement
Section and changes
Contract Title Page
Dating the agreement from the last electronic signature
is now possible
Makes it clear that the agreement relates to the named
parties, mediator, and CEDR on a mediation with ascheduled date
The “Mediation”
The mediation allows for communication over any media
that will be compliant with the Model Mediation
Procedure
Online/RemoteIntroducing the agreement for mediating online, whereneeded
Authority
Improving language on the authority with which theparty signatories bind the rest of their party and confirm
the party will have authority to settle. It is now clear thatthe signatory (usually a solicitor or advisor) needs tocheck these two elements of authority are in place.
Confidentiality and without prejudice
The party signatory takes responsibility for informing theparties of the provisions of confidentiality
Simplifying the language of what the mediator may
communicate to CEDR
Model Mediation Procedure
Section and changes

Point
NumberPage

ContractTitle Page
Contract
Title Page

23343536384

PointNumberPage

What is Mediation?
Language now better ties the Procedure to the CEDR
1Code of Conduct for Third Party Neutrals, enhancing
both documents.
Preparation of the Mediation
Now better clarifies what the mediator, CEDR, and the4parties will do in relation to agreeing start times, venue
and/or technology arrangements,
information/documentation exchange (online andphysical), and importantly who is responsible for what, sothat parties will better understand their responsibilities.
This reduces the burden on the Mediators (and on CEDR)

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25-6

2
2

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Better conflicts, Better outcomes, Better world
by saying that the parties will ultimately takeresponsibility for agreeing factors such as start times,
venue and documentation.
Documentation
In line with the Green Mediator Pledge CEDR would
encourage digital rather than printed copies wherepossible.
CEDR Code of Conduct for Third Party Neutrals
Section and changes
Conduct of the process
The new wording now ties the Code to the ModelMediation Procedure where applicable.

57

Point
NumberPage

5.1

3Ce n t re fo r Effe c t ive

T: +44 (0)20 7520 6060

Twitter @cedrsays

Dis p u t e Re s o lu t io n

W: www.cedr.com

linkedin.com/company/cedr

100 St. Paul’s Churchyard

E: adr@cedr.com

London EC4M 8BU

3
3Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2021