The following mediation clause should be included in contracts where the parties wish to have any future disputes resolved by Mediation under the Building Disputes Tribunal’s Mediation Rules as the primary method of dispute resolution:
“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.”
NOTE: parties to an existing dispute that have not incorporated the Building Disputes Tribunal Model Clause into a prior agreement may agree to refer that dispute to Mediation under the Building Disputes Tribunal Mediation Rules by signing the Mediation Agreement in the form found at Appendix 2 to those Rules.
If the mediation does not result in full and final settlement of the dispute, the Mediation Rules allow a party to initiate arbitration within 30 days.
Download our complete guide to model clauses here as a pdf or read online below.