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Project mediation

The earlier disagreements are identified and addressed, the less the risk of damaging disputes developing. This is particularly the case in contracts with complex or specialist subject matter, or where there is a long term relationship between the parties.

The Centre for Effective Dispute Resolution (CEDR), the largest dispute resolution organisation in Europe, has addressed this issue in its project mediation protocol; released in December 2006.

There are three distinct elements to project mediation, each involving a mediator:

• a risk workshop, ostensibly for the parties to establish lines of communication, levels of authority, and to discuss risks for the project, and potential areas of conflict
  
  
• dispute identification and avoidance during the project
  
  
• formal mediation of any disputes which have not been dealt with

The attraction of project mediation is that its focus is on identifying potential areas for disagreement early and the avoiding disputes developing, while preserving party autonomy and confidentiality. That it can do so in parallel with most dispute resolution provisions, and with statutory adjudication, only adds to its appeal.

John has adapted the CEDR model for use in New Zealand. Download a copy of the Project Mediation Agreement and Model Protocol here.