Thousands of businesses and public sector organisations around the world incorporate mediation clauses into their contracts to ensure that, if disputes do arise, they can be resolved quickly and cheaply without the recourse to expensive and lengthy court action.

Sample simple mediation clause:
‘If any dispute arises in connection with this agreement, the parties will attempt to settle it by mediation in accordance with [ICC Mediation Rules / CEDR Model Mediation Procedure]. To initiate the mediation a party must give notice in writing (‘ADR notice’) to the other party [ies] to the dispute requesting a mediation and proposing a mediator neutral to all those involved. The mediation will start not later than [       ] days after the date of the ADR notice. No party may commence any court proceedings/arbitration in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay.’