CEDR's Model Documents
The documents cover model procedures for multiple ADR processes as well as clauses for contracts which allow an ADR process to be inserted to resolve disputes.
Using Alternative Dispute Resolution (ADR) Clauses
An ADR clause enables parties in a contract to agree that in the event of a dispute, they will opt for an alternative dispute resolution method (such as mediation) before resorting to court action or binding arbitration. A well-crafted ADR clause not only saves time and costs but also helps maintain valuable commercial relationships. By placing both parties in control, it offers a streamlined approach to resolving disputes outside of court or arbitration proceedings, providing a constructive way forward from stalled or ineffective negotiations.
2023 Update
We regularly review our model documents to ensure that they still reflect best practice.
For the 2023 edition, there were three broad areas of change that the drafting committee implemented.
- 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.
- 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.
- 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.