Below please find a template Mediation Clause that you could incorporate into your business contracts. Please seek an attorney’s advice before drafting a contract or incorporating this into template contracts you may already have.
Template Language for a Mediation Clause
The parties to this contract agree to attempt to resolve any dispute, claim or controversy, arising out of, or relating to, the performance, interpretation, application, or enforcement of this Agreement, and not limited to breach thereof, through mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration. Mediation shall be conducted at the Mediation Center of Greater Green Bay (hereinafter referred to as “Mediation Center”) in Green Bay, Wisconsin and in accordance with the procedures of the Mediation Center at the time.
Either party may commence the mediation process by providing the other party written notice which includes the subject of the dispute, the claims being made and the relief being requested. Upon receipt of such notice, the other party shall deliver a written response to the initiating party’s notice within 10 business days. The initial mediation session shall be held within thirty (30) days of the initial notice and shall be scheduled by the initiating party at a time convenient for both parties and according to the schedule of the Mediation Center. The parties agree to share equally the costs and expenses of the mediation (which shall not include fees incurred by each party for legal representation associated with the mediation).
The parties additionally acknowledge and agree that mediation proceedings are settlement negotiations, and, as such, to the extent allowed by applicable law, all offers, commitments, conduct or conversations, whether oral or written, made in the course of the mediation by any of the parties or their agents, shall be confidential and inadmissible in any arbitration or other legal proceeding involving the parties. HOWEVER, any evidence which is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable because of its use in mediation.