Getting the other side to the table
Getting the other side to agree to mediate is often half the battle. How you phrase the request can be key but if you feel that your client is generally more likely to benefit from mediating, why leave it until they are in a dispute? Why not stipulate it as the default position in a contract? Th...
Getting the other side to agree to mediate is often half the battle. How you phrase the request can be key but if you feel that your client is generally more likely to benefit from mediating, why leave it until they are in a dispute? Why not stipulate it as the default position in a contract? That way, if negotiations start coming unstuck you can automatically trigger the process. It is especially worth considering if there's an underlying business relationship at stake (including inside one’s business with fellow partners, shareholders or stakeholders), or to insulate a key or time-sensitive project against possible inter-party fall-out. And it can also be helpful in contracts with foreign partners to avoid clients having to litigate abroad.
Getting the other side to the table quickly will save time and money. It may also enable you to rescue a relationship or a project for a client and that could be invaluable.
In Place of Strife's Model Mediation Clause provides a means by which parties can agree to mediation before a dispute arises. Our Model Mediation Clause and Procedure can be found here.
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