Mediation Model Clause
Ensure an effective and proportionate response in the future should a dispute arise
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Model clause for future disputes
Looking for a clause to insert in your next contract? Use our model clause to access mediation should a dispute arise in the future.
Existing disputes
Parties to an existing dispute can agree to refer it to mediation. View the template mediation agreement below.
Model clause for mediation under the BDT Mediation Rules
The following mediation clause should be included in contracts where the parties wish to have any future disputes resolved by Mediation under the Building Disputes Tribunal’s Mediation Rules as the primary method of dispute resolution:
“Any dispute or difference arising out of or in connection with this contract, or the subject matter of this contract, including any question about its existence, validity or termination, shall be referred to mediation in accordance with the Mediation Rules of the Building Disputes Tribunal.”
If the mediation does not result in full and final settlement of the dispute, the Mediation Rules allow a party to initiate arbitration within 30 days.
Got an existing dispute?
Parties to an existing dispute that have not incorporated the BDT Model Mediation Clause into a prior agreement may still agree to refer that dispute to mediation under the BDT Mediation Rules by signing an agreement to refer their dispute to mediation.
