I have been working with the CIArb Mediation sub-committee in revising the Institute’s Mediation Rules.
My policy has been to keep them simple and applicable to any jurisdiction, supplemented by Guidance and Best Practice notes and Model Procedure. Also to be sure the Rules are rules, in other words, mandatory, rather than best practice.
Because the CIArb is an international body, the consultation process is quite extensive and there have been a lot of comments, particularly from overseas members, where practice is often different to that in the UK. There has also been the move towards making the Rules compatible with the CIArb Arbitration Rules which has complicated the process, particularly in keeping the Rules simple.
There has been a period of consultation with CIArb members:
The draft has now been agreed and goes before the Practice and Regulation Committee, then the Board of Management, then the Board of Trustees before being adopted in 2018.
It will be interesting to see how much of the draft survives!