bMediation

Mediation clause

We advise inserting in your contracts your commitment to proposing the use of mediation as a prerequisite for any management of a dispute through judicial proceedings.

Examples of mediation clauses

1. In the event of a dispute between the parties relating to the validity, interpretation or execution of the present agreement, which could not be resolved amicably, the parties agree to attempt to resolve their dispute through the use of mediation in accordance with the mediation rules of bMediation (www.bmediation.eu, 500 avenue Louise, 1050 Brussels).

2. In the event of a dispute between the parties relating to the validity, interpretation or execution of the present agreement, which could not be resolved amicably, the parties agree to attempt to resolve their dispute through the use of mediation in accordance with the mediation rules of bMediation (www.bmediation.eu, 500 avenue Louise, 1050 Brussels).Mediation will begin no later than [15] days after the request for mediation notified by a party to the other party [ies] and the duration of mediation may not exceed [15] days, unless expressly agreed by the parties.

Choice between:

- In the event of failure of mediation, the parties shall submit the dispute to arbitration, in accordance with......................................

- In the event of failure of mediation, only the courts of....................... will be competent. 

You can also insert a request for mediation in all of your summonses, for example:

The petitioners propose that mediation be undertaken. They therefore seek that at the introductory hearing the parties be referred before a court mediator, with remainder of the case being postponed to a date scheduled in accordance with Article 1734, §2 of the Judicial Code subject to Article 735 of the same code.

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