Mediation

This boilerplate mediation clause is for use in a commercial agreement to give parties the opportunity to resolve disputes through mediation before litigation or arbitration is commenced. They are based on clauses provided by the Centre for Effective Dispute Resolution (CEDR). CEDR is one of a number of different mediation service providers. Alternatively, mediators may be appointed directly. These clauses may be adapted accordingly. For more information on organising a mediation and selecting a mediator, see Practice note, Mediation: Organising a mediation.

The clauses provide a framework for the parties to resolve disputes through formal mediation. They are an alternative to the Multi-tiered dispute resolution procedure clause (also known as an "escalation clause") which provides for the parties to try to reach settlement through informal negotiation prior to formal mediation either before or in parallel to court proceedings, see Standard clause, Multi-tiered dispute resolution procedure.