Where the process being used by the Neutral is Commercial Mediation then the CEDR Model Mediation Procedure should be read in conjunction with this Code. This code is consistent with the European Code of Conduct for mediators.
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The CEDR Model Mediation Agreement provides that what happens at the mediation is to be treated as confidential by the parties, the mediator and CEDR, including the terms of settlement, unless otherwise agreed by the parties in writing. However, the fact that the mediation is to take place or has taken place is not normally made confidential, as one or other of the parties may wish to claim credit for agreeing to engage in the process or it may have been directed from a public court. If it is desired to make the fact that the mediation is taking place confidential also, the agreement can be amended.
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4 Every person involved in the Mediation:
4.1 will keep confidential all information arising out of or in connection with the Mediation, including the terms of any settlement, unless otherwise agreed by the Parties in writing but not including the fact that the Mediation is to take place or has taken place or where disclosure is required by law, or to implement or to enforce terms of settlement or to notify their insurers, insurance brokers and/or accountants; and
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