Model ADR clauses
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...

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 Note: Drafting the ADR clause.

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.

Note: other providers of mediation services are, of course, available. The focus on CEDR in this Practice Note does not indicate a preference for that institution above any others.

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 this clause by itself should be sufficient to give the parties the opportunity to attempt to settle any dispute by mediation, particularly as it records an agreement to enter into mediation.

The CEDR Model Mediation Procedure provides clear guidelines on the conduct of the mediation and requires the parties to enter into an agreement

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