In today's intricate business environment, maintaining good relationships with commercial partners is central to the success of operations. These business-to-business relationships are not immune to disputes, in particular when it comes to the payment of goods or services.
When conflicts arise, they can disrupt operations, damage relationships, and incur significant costs. To mitigate the potential consequences and ensuing litigation a dispute may bring, companies can take the lead and consider incorporating a mediation clause into their contractual arrangements.
Taking a proactive approach to conflict management can improve overall business operations and preserve commercial relationships. Inserting a mediation clause into commercial contracts is a strategic move that offers numerous benefits. Anticipating the recourse to mediation can help save time and money, maintain valuable business relationships, ensure the confidentiality of the operations and the dispute, provide flexibility, and reduce the risk of lengthy and costly judicial proceedings. By committing to mediation, companies demonstrate a forward-thinking approach to resolving commercial disputes that focuses on collaboration and mutual benefit.
We have prepared a set of standard mediation clauses based on the practices of EU-level and national organisations active in mediation and alternative dispute resolution across the 27 EU countries. See the document below for a robust set of mediation clauses that you can adapt to individual and national contexts, with guidance on how to use them.
Documents
EU standard mediation clauses for commercial disputes
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