As part of the standard mediation procedure, the members of the conciliation body CIC agree to respect the European code of conduct of mediators. The Code of Conduct contains a number of principles relating to competence, independence and impartiality, the mediation process (including fairness of the process) and confidentiality. Not only does MMAP contain prescriptive provisions, but it also contains some useful guidance for the conduct of mediation in general. This includes emphasizing that a “company director” should be present at mediation to ensure that there is the power to make a deal that day. There is also a plea for legal advisors who are often overzealous to let their clients “take the lead” and not present the position of their “contradictory or combative” clients. This is good advice that we urge our clients to consider before mediation. The parties must then prepare case summaries no later than seven days before the conciliation meetings. It will be interesting to see if all proposals will survive the consultation period. In its current form, the ICMP would expand the range of dispute resolution procedures available to the parties and provide both fixed price security for small disputes and quality control by allowing access to experienced mediators.
The CIC-type mediation procedure defines the rules of CIC mediation and the means by which the CIC can assist the parties in selecting a mediator or appointing a mediator upon request. Unless otherwise agreed, where a mediation agreement provides for mediation as part of the CIC-type mediation procedure, the most recent version of the procedure is considered part of this agreement. 4. Joint conciliation meetings. In general, joint mediation consists of five phases: introduction, exchange of information, obtaining options, negotiation and conclusion. 2. Preparing case summaries. As noted in the Mediation Agreement, case summaries prepared by each party, including the context of the dispute, questions and other relevant documents and information, are exchanged in a timely manner and no later than 7 days before conciliation meetings. It remains to be seen to what extent this procedure will be adopted and it will be particularly interesting to see whether the CIC MMAP provides for a more effective procedure than the mediation procedures already available to all parties. However, in the case of a large number of inter-professional support organizations, there is a good chance that contracts will be regularly referred to as CIC MMAP as a contractual mediation procedure.
CIC has published the CIC Model Mediation Agreement and Procedure (CIC MMAP) First Edition. CIC MMAP is a model agreement and procedure to help parties compromise a construction and engineering dispute through mediation. Since the publication of this article in May, the CIC has published the first edition of its Model Mediation Agreement and Procedure.