In Brief
The Centre for Effective Dispute Resolution’s Model Mediation Agreement has been revised in a bid to reflect mediation’s increased integration into regular litigation practice. Under the new standard procedure, parties will still share mediator costs equally, but parties will be able to claim mediation expenses as costs in the case if the matter goes to trial. The rules on mediation confidentiality have also been tightened meaning the fact that mediation takes place is not confidential, unless the parties choose otherwise. Additionally, the mediator’s liability is now limited to cases of fraudulent acts or omissions, or those involving wilful misconduct. In the old agreement, a mediator was liable only if shown “to have acted in bad faith”.
