– MODEL CLAUSES –
Note: I have developed my own bespoke rules of engagement via a comprehensive mediation agreement (ad hoc mediation ) – however, although there are cost implications, clients can adopt a process administered by a national or global ADR provider (administered mediation). Please find below, a standard administered mediation clause. Please also bear in mind that these Model Clauses are merely suggestions, but not mandatory and may be adapted to the special needs of the individual case.
For use before a dispute arises:
All disputes, controversies or differences arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be first referred to mediation in Brussels in accordance with the Mediation Rules of the CEPANI for the time being in force.
For use after a dispute has arisen:
Draft an addendum as follows:
1) – Use the template for an addendum provided here .
All references in the proposed addendum to article numbers and/or annexes to be amended must correspond to those in the initial contract.
2) – Prepare a dossier comprising the following items:
- a) – An explanatory note (see the model in here) providing the reasons for the modifications in the proposed addendum;
- b) – A copy of the request for (or agreement to) the proposed modifications;
3) – Sign and date all the originals of the addendum.
4) – Send the signed originals of the addendum to the other contracting party, who must countersign them within X days of receipt and return X originals to you.
5) – On receipt of the signed originals from the other contracting party, check that it/they correspond(s) strictly to those sent originally.
The addendum takes effect on the date of the last signature.
6) Follow the same formalities required with the original contract, for instance, a publication of a notice for modification of contract.