Mediation Clauses & Toolkits
Whether you're drafting a contract clause, preparing for a mediation, or advising a client, here's your digital library for practical resources
Why Mediation Clauses?
Quick & Economical Resolution
Mediation clauses encourage early resolution of disputes, saving time, legal costs and managing resources
Good HR, Better PR
Mediation promotes collaborative problem-solving while maintaining confidentiality, helping parties protect commercial relationships and public goodwill.
Certainty & Procedural Clarity
A mediation clause sets out a clear, agreed pathway for resolving disputes, reducing uncertainty and aligning with dispute-resolution best practices.
Confidential by Design
Mediation clauses ensure disputes are handled privately, safeguarding sensitive commercial information and brand integrity.
De-escalation Tool
Mandatory mediation acts as a circuit-breaker, preventing disputes from hardening into prolonged litigation.
Progressive Governance
Including a mediation clause reflects a commitment to responsible, modern, and ESG-aligned dispute management.
Legal Equivalence
A Mediation Clause is now legally equivalent to a Mediation Agreement (or Agreement to Mediate) as per Section 5 of The Mediation Act, 2023, which brings credibility and purpose, and makes it legally binding in nature.
The Core
Essentials
Sample PACT Clauses
Mediation Agreement
Any dispute, conflict, or claim arising out of or in relation to this contract, including its existence, amendment, validity, interpretation, performance, breach, or termination, shall, as a condition precedent, be referred to mediation administered by PACT in accordance with its mediation rules and procedures in force at the time of commencement of the mediation. The mediation shall be conducted on a confidential and without-prejudice basis, as per The Mediation Act, 2023. Nothing in this clause shall prevent any party from seeking interim relief from a court or tribunal of competent jurisdiction, where such relief is necessary. The mediation shall be conducted and completed within a period of _________ (weeks/months). All parties involved agree to split the fees equally and participate in the mediation in _________ (online / in-person) mode
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