Following our Mediation Masterclass for domestic lawyers, in collaboration with CEDR co-founders and experienced mediators Eileen Carroll and Karl Mackie in January 2020, some of the themes are reflected, which have been reviewed on past, present and future mediation issues, in the updates to the 2020 CEDR Model Documents, Which follow four key themes: “If disputes arise under this agreement, the parties agree to adopt mediation in good faith to resolve this dispute, and they will do so in accordance with the CEDR-type mediation procedure. Unless otherwise agreed between the parties within 14 days of the announcement of the dispute, the CEDR Mediator is appointed. The procedures that local courts will apply to enforce mediation agreements under the convention and their speed and effectiveness compared to other methods of enforcement remain to be seen, but it should at least provide some degree of comfort to the parties who reach a compromise, in which the application of the law may be problematic. In preparation for the application of the Convention (six months after ratification by three States), the CEDR has identified two possible pitfalls resulting from proof of the Agreement that a settlement agreement is mediated, for example by signing or certifying the Settlement Agreement: the provisions now explicitly allow contact with a mediator during this period. if agreed, and provide that the terms of the mediation agreement should continue to apply. Many of the following ADR clauses define that the form of alternative dispute resolution to resolve the dispute must be mediation. If another form of ace is chosen in another treatment, the clause can be modified and returned to this process. Particularly welcome is the guidelines on the preparation and clarity of communication before and during the process, which complement the European Code of Conduct. In our experience, a well-prepared mediator is best placed to explain to the parties what is expected of them during an impending mediation and facilitates an earlier and more constructive discussion during the mediation itself. Recently, courts have seen examples of parties challenging the applicability of carefully crafted dispute resolution clauses (e.g. B Ohpen Operations UK Ltd v Invesco Fund Managers Ltd  EWHC 2246 (TCC)]. In the Ohpen case, the parties had agreed to refer any dispute to mediation after reaching a certain stage.
The proposed clause explicitly stated that the applicable mediation procedure was that of the CEDR type mediation procedure. Invoking “clear and strong public order in favour of the application of alternative dispute resolution and the encouragement of the parties to settle disputes before a dispute”, the Tribunal stated that the judicial proceedings should be suspended until mediation is attempted, in accordance with the clear and enforceable escalation clause. . . .