Starting the mediation
Starting the mediation

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Starting the mediation
  • ADR clauses with ADR notice requirement
  • Example of an ADR clause with an ADR notice requirement (CEDR)
  • Enforcing the ADR clause
  • ADR clauses with no ADR notice requirement/no ADR clause
  • Example of ADR clause without ADR notice requirement
  • Requests and invitations to mediate—precedents

This Practice Note covers how to initiate a mediation. It considers contractual disputes where the contract contains a mediation or alternative dispute resolution (ADR) clause and those cases where the contract does not or the dispute is non-contractual. It explains the importance of strict compliance with the provisions of any ADR clause and provides an example of an ADR clause with and without an ADR notice requirement. Content in this Practice Note includes content available on the CEDR (Centre for Effective Dispute Resolution) website.

If the dispute between the parties arises out of a contract, there may well be a dispute resolution clause which includes a contractual obligation on the parties to seek to resolve their dispute by mediation. Such clauses are often called ‘ADR clauses’ (alternative dispute resolution clauses) and may be stepped, ie setting out a series of ADR processes the parties must work through (eg from informal party-to-party discussion, chief executive to executive discussion, through to mediation). Where there is an ADR clause it is important that you follow the precise procedures set out in the clause, including when and how to initiate the mediation. Such ADR clauses usually require notice to be given in writing by the parties to the other requesting that a mediation take place. This is known as an 'ADR notice'. See: below.

ADR clauses with ADR notice requirement

Sometimes

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