P2B Mediation

What is the CEDR Platform to Business Mediation Scheme?

CEDR’s P2B Mediation panel are experienced in mediating business-to-business disputes and cover many areas of expertise including intellectual property, data security, confidentiality and contractual disputes.

What is Mediation and how does it work?

Mediation under the P2B Regulation is as set out in Directive 2008/52/EC, which is defined as any structured process, whereby two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on the settlement of their dispute, with the assistance of a mediator.

A mediator is any third person who is asked to conduct a mediation in an effective, impartial and competent way. In addition to acting in an independent and impartial manner, P2B mediators must also:

provide their services at an affordable and proportionate cost;
be easily accessible either remotely or in person; and
act without undue delay.

For further information on what to expect from a mediation under the CEDR P2B Scheme and how mediation works, view the video about mediation hosted by CEDR co-founder and Principal Mediator, Eileen Carroll QC (Hon) here.

How to Apply

Step 1: To start the process please complete the ADR Notice/Application Form, which can be found here, and send it to the other party, copying in adr@cedr.com.

Step 2: Party B completes the relevant sections of the ADR Notice/Application Form and sends it to CEDR at adr@cedr.com

Step 3: Both parties to make payment on account of mediation fee to CEDR within 48 hours of submission of ADR Notice/Application Form.

The Process

Step 4: CEDR to provide the name of 2 recommended mediators and confirm the mediation date.

Step 5: Parties meet and confer to agree mediator and inform CEDR.

Step 6: CEDR confirm the mediation.

CEDR Mediators

CEDR has a panel of experienced business-to-business mediators who are located throughout Europe and the United Kingdom. Our mediators are able to conduct mediations in over 20 languages and we are continuing to grow our service offering in this area. For further details see below.

To access CEDR’s P2B Panel and review mediator profiles see here.

What languages are available?

CEDR have experienced business to business mediators who can operate in the following languages.

Bulgarian
Croatian
Czech
Danish
Dutch
English (UK)
Estonian
Finnish
French
German
Greek
Hungarian
Italian
Lithuanian
Polish
Portuguese
Romanian
Slovakian
Spanish
Swedish

What documents do I need to submit in advance of the mediation?

Once your mediation is confirmed, the mediator will ask you for a summary of your case. This document should provide the mediator with a summary of the key facts and issues, as well as a clear statement of what you would like to achieve at the mediation.

It will be provided to both the mediator and the other party and should be drafted with this in mind.

Please find CEDR’s Case Summary Guidance here and a template document here.

You may also wish to provide the mediator with a chronology, list of roles and responsibilities, and/or a glossary of technical terms. Please find templates of these documents:

Fees

For fee information please see Part III of the ADR Notice/Application Form where our fixed fees are set out in detail.

How do I conclude a Mediation?

Mediations conclude when:

The parties settle and document the terms of their settlement – this happens in 85 % of cases;
The parties agree to conclude the mediation without settlement; or
One of the parties withdraws.

If you agree terms of a settlement during the mediation, then you will need to set them out in writing and the parties will need to sign the agreement.

Please find a Model Settlement Agreement for P2B Mediations here.

FAQs

Where can Business Users find their named mediators?

Business Users should check the terms and conditions governing their relationship with the Platform to see if CEDR or the CEDR P2B Panel are named. If so, please find further details of our P2B Mediation Services here.

If you cannot find named mediators in your Terms & Conditions, speak to your Platform about using CEDR’s P2B Services.

Do I have to pay a fee to mediate under the CEDR P2B Scheme?

Yes, you are required to make a payment on account of 50% of the total fee. The mediator will make a recommendation with regard to the fee split between the parties at the end of the mediation.

Can I request a specific mediator?

Yes, if there is a mediator on the CEDR P2B Panel who you would like to use, please let us know. Both parties will need to consent for that mediator to be appointed.
View P2B Panel here

What languages are available?

CEDR have experienced business to business mediators who can operate in the following languages.