Depending on the CEDR Solve service selected by the parties, either CEDR Solve or the mediator when agreed or appointed, will make the necessary arrangements for the mediation as required or agreed by the parties or under the terms of any scheme, including:
• drafting the agreement, submitting it for approval by the parties and preparing the final form for signature, incorporating any agreed amendments;
• facilitating agreement as to the date, venue and start time for the mediation;
• organising exchange of case summaries and document bundles between the parties and the mediator;
• setting up any pre-mediation meetings agreed by the parties and the mediator.
The parties will:
• agree the appointment of the mediator or a process to select or appoint the mediator;
• agree with CEDR Solve the date, venue and start time for the mediation;
• pay CEDR Solve's fees and expenses as agreed under CEDR Solve's Terms and Conditions of business;
• each prepare and exchange a case summary in respect of their approach to the dispute at the mediation and endeavour to agree with all other parties what documents are needed for the mediation;
• send to the mediator (direct or through CEDR Solve) a copy of their case summary and two copies of the document bundles no less than two weeks before the date set for the mediation, making clear whether case summaries have or have not yet been exchanged, whether or not and when CEDR Solve is to effect exchange, and whether all or any part of any case summary or documentation is intended to be confidential for the mediator only;
• notify the mediator direct or through CEDR Solve of the names and roles of all those attending the mediation on their behalf, so that CEDR Solve can inform all Parties and the mediator in advance of the mediation;
• ensure that a lead negotiator with full authority to settle the dispute (or not) attends the mediation to sign the mediation agreement;
• alternatively notify the mediator, CEDR Solve and (unless very good reason exists to the contrary) the other parties of any limitation on authority to settle, for instance lack of legal capacity, or the need for ministerial committee or board ratification, in which case the lead negotiator will need to have power to recommend acceptance of any settlement. Late disclosure of limited authority to settle can call into question that party's good faith involvement in the mediation process, and have detrimental effects on the prospects of success of any mediation.
The mediator will:
• ensure at all times that the Code is complied with in respect of the mediation of the dispute, reporting any conflict of interest or other relevant matter, if any, to CEDR Solve and (subject to any question of confidentiality or privilege) the parties immediately it emerges;
• attend any pre-mediation meetings on terms and agenda agreed by the parties;
• read each case summary and document bundle submitted in advance of the mediation by the parties;
• make contact with a representative of each of the parties before the mediation to assist in preparation for the mediation.