Mediation clauses for standard form contracts

ResoLex Short Mediation Clause

If at any time, a dispute or difference arises, or appears likely to arise, out of or in connection with this agreement, the parties will attempt to settle it by mediation in accordance with the ResoLex Model Mediation Procedure.

ResoLex Standard Early Mediation Clause

Early use of mediation: The parties acknowledge the potential benefits of resolving differences early, so as to prevent their escalation. The parties will therefore use reasonable endeavours to co-operate, in order to avoid undue delay in the reference of any such dispute or difference to ResoLex.

ResoLex Optional Early Mediation Clause (with costs)

1. If at any time, a dispute or difference arises, or appears likely to arise, out of or in connection with this agreement, the parties will consider in good faith whether to attempt to settle it by mediation in accordance with the ResoLex Model Mediation Procedure.

1.1 Invitation to mediate and costs: Any written invitation by one party to another to attempt to settle such dispute or difference by mediation shall be without prejudice and confidential to the parties and their advisers; save that if a party refuses such an invitation, the parties agree that such refusal may be taken into account by a court, arbitrator or adjudicator in the event on the question of costs in any related proceedings.

1.2 Early use of mediation: The parties acknowledge the potential benefits of resolving differences early under this clause, so as to prevent their escalation.

The parties will therefore use reasonable endeavours to co-operate, in order to avoid undue delay in sending or responding to an invitation to mediate and, where such an invitation is accepted, in referring the dispute or difference to ResoLex for the purposes of mediation under this clause.