Mediation is a private dispute resolution process where parties agree to refer their dispute to a mediator.
An agreement to mediate a dispute under the Law Society Mediation Scheme (‘LSMS’) can be reached through, but not limited to, the following 4 methods:
|(1)||Through an agreement entered into before a dispute arises, to refer that dispute to mediation|
Parties who desire to mediate any dispute arising under a contract may insert into the contract a mediation clause in the following terms:
|(2)||Through an agreement entered into after a dispute arises, to refer that dispute to mediation|
Parties who do not have an existing mediation agreement in their underlying contract may agree to mediate under the LSMS after a dispute arises.
|(3)||Through an agreement to refer the dispute for mediation entered into during court or arbitration proceedings|
|(4)||Together with the Law Society Arbitration Scheme, through a multi-tiered dispute resolution clause in an agreement entered into before or after the dispute arises|
Parties may insert into the contract a mediation-arbitration clause in the following terms: