Committee Reports

Compilation of Sample Mediation Clauses

SUMMARY

The Alternative Dispute Resolution Committee (Nancy Kramer, Chair) has put together a compilation of sample mediation clauses with the goal of providing practitioners with useful language to incorporate into contracts if they wish to provide for mediation as a dispute resolution mechanism. The samples include a general mediation sample clause, a mediation-arbitration sample clause, and sample clauses for particular subject matter areas (construction, employment, insurance and commercial law). The committee notes that the samples are by no means exhaustive, but are intended as starting points to be adapted by counsel as appropriate to fit the specific needs and circumstances of each situation.