The Construction Industry Council (CIC) has published the CIC Model Mediation Agreement and Procedure (CIC MMAP), a model agreement and procedure to assist parties compromise a construction and engineering dispute using mediation.
Construction and engineering disputes may not only damage business relationships but have both a financial cost which can be high, and an emotional cost which can be debilitating. The CIC believes that mediation has an important role to play in the resolution of construction and engineering disputes. The CIC MMAP offers an innovative approach to the low cost resolution of disputes, containing unique features in respect of people and process which empower the mediator and the parties.
The CIC MMAP is based on perspective that where the dispute resolves around issues of fact, the best mediation approach is evaluative carried out by an experienced construction and engineering professional. Accordingly, the criteria for eligibility to join the CIC Panel of Mediators is ‘The panel will comprise of experienced accredited Mediators who are members of CIC member organisations, and who have a minimum of 10 years’ post qualification experience in their primary profession.’ Members of the CIC Panel of Mediators commit to follow the European Code of Conduct for Mediators, and in particular to conduct the proceedings in an appropriate manner to a professional standard, taking into account the circumstances of each case.
The CIC MMAP blends both guidance and procedure, and incorporates features that empower the mediator, and facilitate good mediation. The CIC mediation process is confidential, private and structured. The CIC MMAP emphasises the importance of each parties’ ‘lead negotiator’, the business principal with full authority to settle the dispute and to sign the settlement agreement. During all stages of the mediation the mediator is in direct contact with the parties’ lead negotiator, and this mitigates the risk of the mediator’s message being attenuated by the parties’ representatives. The CIC will only validate the request for the Nomination of a Mediator when the lead negotiator is clearly identified, and contact details are provided.
Under the CIC MMAP four important phases advance the mediation:-
- The Mediation Procedural Agreement. This will describe the background to the dispute, the parties’ respective claims, contentions and interests, listing relevant documentation, setting out the mediation timetable, and recording the mediator’s basis of remuneration.
- Preparation of case summaries. As set out in the Mediation Procedural Agreement, case summaries prepared by each party including the background to the dispute, the issues, and other relevant support documents and information will be exchanged in good time and no less than 7 days before the mediation meetings.
- Separate meetings. Unless otherwise agreed with the parties, the Mediator will meet with the parties separately. Following the separate meetings the Mediator and the parties will work together in round-table session.
- Mediation joint meetings. In general, mediation joint meetings have five stages: Introduction, Information Exchange, Option Generation, Negotiation, and Conclusion.
To coincide with the publication of the CIC MMAP, the CIC Adjudicator Nominating Body (ANB) Management Board has changed to the CIC Alternative Dispute Resolution (ADR) Management Board.
Read more… and download the CIC MMAP