A Mediation can be initiated by
either party contacting a
Mediator, even where there is no
such written clause or
agreement between the parties.
The Mediator would explain the
process and benefits of
Mediation to the party, and then
contact the other party for their
concurrence
However, a ‘Mediation clause’
in an agreement or contract
would make it simpler and
faster to initiate a Mediation in
the event of a dispute
between the parties
The Mediation clause should be
the first clause under dispute
resolution within any agreement
or contract. In the event that the
mediation fails, the parties
would thereafter have recourse
to Arbitration, or to court. Of
course they have the option to
return to Mediation, from
Arbitration or court, at any time
(judges and arbitrators are open
to allowing parties to try out
mediation if it is agreeable to
the parties themselves)
In case there is agreement
between the parties, the name
of a Mediator may be mentioned
in the agreement or contract, or
else they could mention a
mechanism for deciding on
a Mediator
Once parties take a decision to
mediate, the Mediator would
propose the signing of an
‘Agreement to Mediate‘, which
would be signed by the parties
and the Mediator
A party can apply for any
interim relief to a court for its
protection, before or while
undergoing Mediation.
Further, the period of
Mediation would be excluded
from any applicable limitation
period for the dispute
Email :
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