Sample Contractual Mediation Clauses

The following sample contractual mediation clauses can be modified to meet your party's specific needs.

Version 1
Mediation is a process under which parties submit their dispute to an impartial, neutral mediator who will work to achieve with the parties a mutually acceptable resolution of the dispute. The mediator is not empowered to impose a solution on the parties. The parties agree to first pursue in good faith the mediation of any dispute arising out of the subject matter of this agreement before resorting to arbitration or any other legal remedy. Mediation fees, if any, shall be divided equally among the parties involved.

Version 2
All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.

Version 3
All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.

If, during the mediation, a party ("offering party") makes a written offer of compromise to another party which is not accepted by said party ("refusing party") and the refusing party fails to obtain a more favorable judgment or award, the refusing party shall pay the offering party all costs and expenses, including reasonable attorney's fees, incurred from the time the offer is refused.

Provider Designation Add-On
In the event the parties are unable to agree on a mediator, mediation services shall be provided by  (name individual or mediation services firm).

Clauses Approved By The American Arbitration Association For General Commercial Use

Mediation

The parties may wish to attempt mediation before submitting their dispute to arbitration. This can be accomplished by making reference to mediation (which may be terminated at any time by either party) in the arbitration clause.

    1. If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to arbitration, litigation, or some other dispute resolution procedure.

    2. The parties hereby submit the following dispute to mediation administered by the American Arbitration Association under its Commercial Mediation Rules [the clause may also provide for the qualifications of the mediator(s), the method for allocating fees and expenses, the locale of meetings, time limits, or any other item of concern to the parties].

Home
About Mediation
About Dan Denton
Procedures
ADR Resources
Forms
Fees
Contact Us
Mediation Clauses
SCmediator.com

Daniel R. Denton, PC
 Attorney & Mediator
P.O. Box 850
Beaufort, SC 29901
843.524.9445 
DanDenton@Lawyer.com