Businesses, organisations and others are now regularly inserting dispute resolution clauses into a wide variety of contracts in order to ensure that disputes and other differences are resolved as efficiently and effectively as possible. Core Mediation suggests the following clause as suitable for a wide variety of disputes. It is important that parties seek legal advice before using such a clause. Although such clauses have not been reviewed by courts in Scotland, English courts have upheld enforceability of mediation clauses.

“Any dispute or difference between the parties arising out of or in connection with this agreement shall first be referred to mediation, which will be conducted in accordance with the Mediation Guide of Core Mediation, Rutland House, 19 Rutland Square, Edinburgh, EH1 2BB (“Core”) which is deemed to be incorporated in this contract. The mediator shall be selected by agreement between the parties in discussion with Core. Failing such agreement, within 15 days of one party requesting the appointment of a mediator, the mediator shall be appointed by Core. Unless they agree otherwise, the parties shall share equally the fees, costs and expenses relating to the mediation and each party shall pay its own expenses of preparation for, and participation and representation in, the mediation.”