Add a Mediation Clause to your contracts
Hayling Mediation recommend you add a clause to your contracts with clients to ensure that mediation must be the first option if there is a payment dispute. You are welcome to use the following clauses in your contracts.
Condensed Clause for shorter contracts
If any dispute arises from this Agreement this shall be referred first to mediation unless the parties jointly agree to waive this clause. Failure to mediate may result in a future adverse costs order. A Mediator shall be appointed by the Chartered Institute of Arbitrators if the parties fail to select one. The Costs and Expenses of the Mediation including the venue will be shared equally between the parties.
Full Length Clause
If any dispute arises between the parties to this Agreement (‘the Dispute’), the parties shall attempt first to resolve the Dispute by mediation (‘the Mediation’), which is a method of facilitating dialogue within an estranged commercial relationship before resorting to legal proceedings.
However, the parties may jointly agree to dispense with the Mediation. No party may commence any form of debt recovery process or legal proceedings until after the Mediation has occurred. Failure to adhere to this process may result in a future adverse costs order awarded by a court.
To commence the Mediation, one party must send a letter by 1st class Recorded Delivery to the other party’s trading address requesting mediation (‘the Mediation Notice’).
The choice of a Mediator shall be arranged by the parties but where failure to agree selection occurs an appropriate Mediator according to the value and complexity of the Dispute shall be made by the Chartered Institute of Arbitrators at 12 Bloomsbury Square, London, WC1A 2LP.
The Mediator shall set both the format and the timetable leading up to the Mediation. The parties will send a representative to the Mediation with authority to settle the Dispute.
The Costs and Expenses of the Mediation, including the venue, will be shared equally between the parties.
Condensed Clause for shorter contracts
If any dispute arises from this Agreement this shall be referred first to mediation unless the parties jointly agree to waive this clause. Failure to mediate may result in a future adverse costs order. A Mediator shall be appointed by the Chartered Institute of Arbitrators if the parties fail to select one. The Costs and Expenses of the Mediation including the venue will be shared equally between the parties.
Full Length Clause
If any dispute arises between the parties to this Agreement (‘the Dispute’), the parties shall attempt first to resolve the Dispute by mediation (‘the Mediation’), which is a method of facilitating dialogue within an estranged commercial relationship before resorting to legal proceedings.
However, the parties may jointly agree to dispense with the Mediation. No party may commence any form of debt recovery process or legal proceedings until after the Mediation has occurred. Failure to adhere to this process may result in a future adverse costs order awarded by a court.
To commence the Mediation, one party must send a letter by 1st class Recorded Delivery to the other party’s trading address requesting mediation (‘the Mediation Notice’).
The choice of a Mediator shall be arranged by the parties but where failure to agree selection occurs an appropriate Mediator according to the value and complexity of the Dispute shall be made by the Chartered Institute of Arbitrators at 12 Bloomsbury Square, London, WC1A 2LP.
The Mediator shall set both the format and the timetable leading up to the Mediation. The parties will send a representative to the Mediation with authority to settle the Dispute.
The Costs and Expenses of the Mediation, including the venue, will be shared equally between the parties.