Mediation Clauses in Contracts and Agreements
Sample Mediation Clauses
You’ve reached an agreement and you are ready to sign! It could be a lease, an employment contract, a home improvement contract or even a divorce settlement agreement. Review the agreement and ensure that it has a clause that will require mediation BEFORE you go to court! Why? Court can be very expensive and time consuming. Attending mediation before you begin that process can often save time, money and relationships. This blog post provides some guidance on what mediation clauses may contain. Please consider contacting an attorney to be sure you’ve created the best option for your situation! You can schedule a free meeting with me online, right now! Schedule a Free Meeting with Brenda
Construction, commercial law and employment: This group assembled by the New York Bar provides guidance in these areas. (The Med-Arb clause on the first page may be confusing, but the others are organized by areas.) Mediation Clauses in construction, commercial and employment.
Parenting plan: This sample plan from Missouri includes a mediation clause on page 4. Mediation Clause in Parenting Plan.
Estate matters: Here are several clauses to include in a trust or will to require mediation. Estate Documents Clauses.
Sometimes, parties also decide to include an “arbitration clause” in their agreements. These can be added in addition to the mediation clause. This article from the Connecticut Bar Association provides a great deal of guidance as well as sample arbitration clauses. It is very important to remember that if the arbitration is binding that the parties usually have completely given up any constitutional or statutory right to have the court decide any issue.