Without prejudice save as to costs [Insert name and address of other party's solicitors] [Insert date] Dear [insert organisation name] [Insert case heading]—Mediation Notice Our respective clients have failed to resolve the dispute by [informal] negotiation [between their respective senior executives]. Our client requests that the parties attempt to settle the dispute by mediation [in accordance with the

Private & confidential [Insert name and address of other party's solicitors] [Insert date] Dear [insert organisation name] [Insert case heading] —Mediation Notice [We act for [insert name of client]]. We refer to the agreement between [insert party] and [insert party] dated [insert date of contract] (the ‘Agreement’) and the dispute resolution clause (clause [insert clause number]) (the ‘Dispute Resolution Clause’) referred to in the Agreement. [Our respective clients have failed to resolve the dispute between them by negotiation [between

for the purposes of old rules 78.23-78.24 (which although revoked as of 31 December 2020, at 11 pm, may still apply where the requirements of relevant transitional provisions are met), an order enforcing the settlement of a cross-border dispute mediated under the Mediation Directive 2008/52/EC

the agreement signed by the parties at the start of a mediation setting out the procedure of the mediation and dealing with other issues such as confidentiality and liability in regards to the mediator’s role

This Practice Note considers who bears the liability for paying the costs of a mediation, what those costs may include, how they are set and how and when such costs may be recovered as between the parties. For general guidance on mediation, see: Mediation—overview. For general guidance on recovery of legal costs as between the parties, see: Costs orders—overview and Principles of costs recovery—overview. What are mediation costs? The likely costs of a mediation will include: • the fees of the mediator—see: The mediator’s fee • venue hire and hosting, unless: ◦ the mediation is conducted remotely (on which see: Remote access mediation—checklist), or ◦ one of the parties makes available their offices to conduct the mediation, although this is sometimes resisted on the basis that both parties prefer a ‘neutral’ venue For more information, see Practice Note: Organising a mediation • legal costs, ie those of the solicitor in preparing for the mediation which will include: ◦ choosing the mediator—see Practice Note: Choosing a mediator ◦ preparing the mediation documents (such

Post-issue suggested mediation directions 1 [On or before [insert] the parties shall exchange lists of three proposed mediators available to conduct mediation in this matter prior to [insert date]. 2 Each party may alternatively or in addition propose one or more panels of mediators available to conduct mediation in this matter prior to [insert date]. 3 On or before [insert date] the parties shall in good faith seek to agree the appointment of a mediator or panel from the lists exchanged. 4 Failing such agreement by [insert date] the matter

for the purposes of the Mediation Directive 2008/52/EC—evidence arising out of or in connection with a mediation process

Mediation is a form of alternative dispute resolution (ADR) that is frequently used in the employment context to resolve disputes. Other forms of ADR include: • negotiation • arbitration • Acas conciliation • early neutral evaluation For further information, see Practice Notes: • Alternative dispute resolution in employment claims • Acas conciliation This Practice Note provides a general introduction to the mediation process and explains: • the contexts in which mediation is used to resolve employment disputes • what mediation is • key principles of mediation • role of the mediator • stages in a mediation process • benefits of mediation • reaching and recording agreement Using mediation to resolve employment disputes Mediation can take place in a wide variety of circumstances, both during employment and after employment has ended. A distinction can be made between: • workplace mediation, and • employment mediation Workplace mediation Workplace mediation is used where there is an ongoing work relationship between the parties at the start of the mediation. The mediator will assist the parties in trying to

Ireland—Dispute Resolution analysis: It examines the High Court's decision in Burke v O'Connell [2026] IEHC 314 and the introduction of Practice Direction HC141 on Mediation and ADR Compliance. It considers the court's confirmation of its inherent jurisdiction to direct parties to mediate in appropriate civil proceedings, the factors relevant to the exercise of that power, the interaction between the Mediation Act 2017 (Ireland) and existing case law and the practical implications for parties and practitioners in the management of commercial litigation. This article was written by A&L Goodbody’s Disputes Team.

What kind of disputes are suited to mediation? Construction projects give rise to a wide range of disputes: • disputes over money, eg non-payment of sums believed to be due or disputes over the value of additional work carried out • disputes involving entitlement to time, where the contractor considers it is entitled to additional time for carrying out the works but this is not agreed by the employer or contract administrator • defects in the building work. For more information on disputes in relation to defects, see Practice Note: Defects claims in construction • in most building contracts, a contract administrator is engaged to administer the contract which requires, for example, certifying whether the works are in delay, when the works are deemed practically complete and when the defects which appear during the defect liability period have been remedied. Frequently, disputes arise regarding whether the certification by the contract administrator is correct. These disputes have to be resolved between the contractor and the employer—the contract administrator is not liable to the contractor in respect of its administration of the

ARCHIVED: This Practice Note has been archived and is not maintained. The provisions in this Practice Note came to an end on Monday 31 March 2014 when the second mediation scheme was replaced with a permanent mediation service set out in new provision, CPR 26.4A. Information on this service is available in Practice Note: Small claims mediation service. Two mediation pilot schemes This Practice Note concerns two mediation service pilot schemes, which ran successively: • first scheme—1 October 2012 to 31 March 2013 (Practice Direction 51H) • second scheme—1 April 2013 to 31 March 2014 (Practice Direction 51I) Second Mediation Service Pilot Scheme The second Mediation Service Pilot Scheme (the second scheme) began operating on 1 April 2013 in the County Court Money Claims Centre (CCMC), Production Centre and Money Claims online (see Second Mediation Service Pilot Scheme) and ran until Monday 31 March 2014. The second scheme applied if: • the claim was one which would normally be allocated to the small claims track under CPR 26.6, and • the

Statement to court in respect of mediation I have considered the following factors in order to determine whether this case is suitable for ADR: 1 [The nature of the dispute [insert