Better conflicts, Better outcomes, Better world

CEDR
Mediation
ObserverGuidelines

2023

Centre for Effective
Dispute Resolution
100 St. Paul's Churchyard

T: +44 (0)20 7536 6060

Twitter @cedrsays

W: www.cedr.com

linkedin.com/company/cedr

E: adr@cedr.com

LondonEC4M 8BU
Registered in England & Wales no. 3271988© CEDR 2022

Better conflicts, Better outcomes, Better world

Purpose of Observer’s Appointment
The purpose of observer appointments is to give the observer an opportunity to:1.

experience a real-life mediation; and2. observe and learn from the mediator, in an apprenticeship type atmosphere aimed atdeveloping the observer through experience.

CEDR Code of Conduct for Third Party Neutrals
All observers are required to adhere to the CEDR Code of Conduct for Third Party Neutrals.

Appointment of Observers
The following criteria are used when appointing an observer:
1.

Participation in MyCEDR Membership.

2. Length of time an observer has been on the waiting list.
3. If the mediation is taking place in person, the proximity of the mediation location towhere the observer is based. This does not apply to mediations taking place over videoconference.

On average observers can expect to wait up to 12 months for an opportunity to observe.
Therefore, we recommend that trained mediators seeking experience, source their own
opportunities to observe mediations where possible.

Notification
The amount of notice provided by parties prior to booking a mediation can vary widely, fromas little as 48 hours of notice, to one to two months. On average CEDR receive 7-10 days’
notice of a mediation.

Centre for Effective
Dispute Resolution
100 St. Paul's Churchyard

T: +44 (0)20 7536 6060

Twitter @cedrsays

W: www.cedr.com

linkedin.com/company/cedr

E: adr@cedr.com

LondonEC4M 8BU
Registered in England & Wales no. 3271988© CEDR 2022

Better conflicts, Better outcomes, Better world
CEDR will seek to provide as much notice as possible. Please note the following:1.

All observations will be advertised through the Mediation Observer Portal.

2. It is likely that you will receive only a few days’ notice of an opportunity to observe.
3. If the parties to a mediation withdraw consent to having an observer attend then yourobservation will be cancelled. In these circumstances, you will be placed back at thetop of the observer waiting list for the next opportunity.
4. Prior to accepting an observership, all observers must run a conflict check and confirm
to CEDR that he or she has not interacted with either party.

In the exceptional circumstance where an observership is cancelled, the mediator should
ensure that the cancellation is communicated to CEDR and to the observer. The observer willthen be eligible to be appointed to another mediation.

Pre-Mediation
Prior to the mediation:
1.

The observer must sign the Mediation Agreement prior to receiving any materials andattending the mediation. Please take special note of the confidentiality provisions.

2. The mediator will make contact with the observer prior to the mediation at an
appropriate time.
3. The mediator should consider how to build a working relationship with the observer,
by telephone or meeting, to discuss the case and to clarify the ground rules that theobserver should follow during the mediation.
4. The parties are requested to provide case summaries and supporting documents toeach other and the mediator. If the parties agree, the mediator will send the observer
copies of the case summaries for the observer’s reference.
5. The mediator usually contacts the parties before the mediation. Where possible themediator will invite the observer to any pre-mediation calls. Please note that theCentre for Effective

T: +44 (0)20 7536 6060

Twitter @cedrsays

Dispute Resolution

W: www.cedr.com

linkedin.com/company/cedr

100 St. Paul's Churchyard

E: adr@cedr.com

LondonEC4M 8BU

Registered in England & Wales no. 3271988© CEDR 2022

Better conflicts, Better outcomes, Better world
observer’s availability will not be taken into account for scheduling these calls. In theevent that the observer does not attend these calls the mediator will provide a briefing
prior to the mediation.
6. On occasions where the mediation is arranged at short notice it may not be possible toprovide the observer with any documentation in advance or for the observer to attend
the pre-mediation calls.
7. The observer must not make any contact with the parties whatsoever.
8. Where the mediation is taking place using a video conferencing platform, theobserver should familiarise him or herself with the use of the platform, its settings andfunctionality.

At the Mediation
On the day of the mediation:
1.

The observer should arrive in plenty of time to assist the mediator:
a. For in person mediations in arranging rooms, checking facilities, etc.; andb. For video conference mediations in setting-up and testing the technology.

2. The observer should always work within the guidelines/ground rules agreed before themediation.
3. The mediator and observer should introduce themselves to the parties and spend timewith them in their rooms when they arrive.
4. The mediator might ask the observer to:a. Provide logistical back-up, e.g. arrange refreshments, act as a time keeper, takenotes, address technical issues, liaise with the parties when a private session foranother party is over-running; andb. Assist the mediator in the private session discussions with the parties including,for example writing up a flipchart between sessions (in-person or virtually), sharethoughts and observations of the mediation.

Centre for Effective

T: +44 (0)20 7536 6060

Twitter @cedrsays

Dispute Resolution

W: www.cedr.com

linkedin.com/company/cedr

100 St. Paul's Churchyard

E: adr@cedr.com

LondonEC4M 8BU

Registered in England & Wales no. 3271988© CEDR 2022

Better conflicts, Better outcomes, Better world

5. No action should be taken by the observer without the mediator’s previousagreement.

Post Mediation
After the mediation:
1.

Mediator and observer should either debrief immediately following the mediation orshould fix a time when this can be done – in person, by video conference or bytelephone. Feedback should be given as soon as possible after the event.

2. The mediator and observer are required to submit reports to CEDR that should becompleted and sent to CEDR no later than five-days after the mediation has takenplace.
3. The mediator should tell the observer of any post mediation contact made with theparties, e.g. feedback or information about concluding a settlement if this did nothappen on the day of the mediation.
4. At all times before, during and after the mediation, the observer must abide by thestrict terms of the Mediation Agreement, especially the terms of confidentiality that
apply to the mediation process.

Centre for Effective
Dispute Resolution
100 St. Paul's Churchyard

T: +44 (0)20 7536 6060

Twitter @cedrsays

W: www.cedr.com

linkedin.com/company/cedr

E: adr@cedr.com

LondonEC4M 8BU
Registered in England & Wales no. 3271988© CEDR 2022