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Commercial lawyers often don’t think twice before including in contracts the standard dispute resolution clause which often refers the appointment of a mediator to CEDR in event of a dispute arising.

I am not criticising this practice as #CEDR are a highly regarded organisation. But, don’t you think your client should have a wider choice? If CEDR are the default option, the client is likely to stick with them rather than looking around as the burden is on them to agree with the other party to use someone else. There are plenty of respectable good value mediation providers out there like registered with the Civil Mediation Council. Much better to leave it open for the parties to select a CMC registered Mediation Provider in the event of a dispute. After all, you wouldn’t insist that a client uses a magic circle law firm in a dispute, or direct parties to only contract with British Gas for their energy supply, would you?

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