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ARTICLE · 20 MARCH 2019

A Seven-Point Checklist For How To Bespoke A Commercial Mediation

Centre for Effective Dispute Resolution (CEDR)
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One of the great features of commercial mediation is that the process can be adapted to work in many different circumstances.

United KingdomLitigation, Mediation & Arbitration

One of the great features of commercial mediation is that the process can be adapted to work in many different circumstances. Whilst guides to a model process are offered by ADR (Alternative Dispute Resolution) Centres such as CEDR and others - there is not much in the way of guidance on how to tailor mediation - and therefore this task is rightly left to expert mediators. However there would be a real benefit if clients and lawyers could get more involved. In recent years CEDR in particular has noticed a willingness from law firms to look at different alternatives to the 'one-day mediation' model.

At the International Chamber of Commerce in Paris last month at the International Mediation Roundtable, one of the Workshop topics was on 'Process Design', led by the Scottish Mediator, John Sturrock. In this workshop around 35 mediators from at least 25 jurisdictions around the world put their heads together to understand how best to create a bespoke mediation process

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