Model ADR clauses

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Model ADR clauses
  • CEDR clauses
  • CEDR simple core mediation clause
  • CEDR simple core mediation clause including time and notification
  • CEDR simple core mediation clause including time, plus reference to court proceedings in parallel
  • CEDR simple core mediation clause including time, plus reference to no court or arbitration proceedings until mediation terminated
  • CEDR multi-tiered process (negotiation, mediation and arbitration or litigation)
  • CEDR international core mediation clause
  • Supplementary clause—arbitration if mediation fails
  • Chartered Institute of Arbitrators
  • More...

Model ADR clauses

This Practice Note considers model form alternative dispute resolution (ADR) clauses provided by a number of service providers, namely: Centre for Effective Dispute Resolution (CEDR), Chartered Institute of Arbitrators (CIArb) and London Court of International Arbitration (LCIA). Note: other providers of such services are, of course, available and the focus in this Practice Note on these institutions does not indicate a preference for these institutions above any others.

Many of the following model ADR clauses specify that the form of ADR to resolve the dispute shall be mediation. If another form of ADR is chosen, the clause can be amended and reference made to that process.

This Practice Note should be read in conjunction with Practice Notes:

  1. Drafting a dispute resolution clause

  2. Types of dispute resolution clause—litigation, mediation, multi-tier, hybrid and carve-out clauses

CEDR clauses

All the CEDR clauses are in the CEDR document—Model ADR Clauses for Commercial Contracts: A drafting guide to key ADR clauses for early resolution of disputes.

CEDR simple core mediation clause

'If any dispute arises in connection with this agreement, the parties agree to enter into mediation in good faith to settle such a dispute and will do so in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR.'

Drafting notes from CEDR provide that

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