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Before proceeding, the parties will need to agree to mediate using the BDT Mediation Rules. This can be done in one of two ways:

  • there may be a clause in the contract under which the parties’ dispute has arisen which states that the parties have agreed to mediate under the BDT Mediation Rules, for example:

Any dispute or difference arising out of or in connection with this contract, or the subject matter of this contract, including any question about its existence, validity or termination, shall be referred to mediation in accordance with the Mediation Rules of the Building Disputes Tribunal.

or

  • parties to an existing dispute, whether or not there is a mediation clause in any underlying contract, may agree to refer that dispute to Mediation under the Mediation Rules of the Building Disputes Tribunal by signing the Mediation Agreement at Appendix 2 to the BDT Mediation Rules.

NOTE: if a party is relying on the Mediation Agreement found in a clause in the underlying contract, they will need to serve a Notice of Mediation on the other party or parties to the dispute prior to applying for Mediation. This is not required where the parties have signed the BDT Mediation Agreement.

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