Initiating Mediation

There are a number of ways to initiate mediation:

  • Mediate1st™ – Business Mediation Network recommends that all businesses include a mediation clause in all contracts and in their employment manuals and agreements to ensure mediation not litigation is the first step in dispute resolution – sample mediation contract clauses are available in Mediate1st™
  • Party Suggestion – any party can suggest mediating a dispute or issue.  Upon the request of a party, Business Mediation Network can invite the other parties to participate in the mediation process – see Mediation Invitations
  • Referral – some court rules recommend or require mediation. In these cases, the parties are usually allowed to select their own mediator prior to the court appointing one.  Legal and business advisors such as attorneys, accountants, insurance, risk management professionals and trade associations also may recommend mediation to help the parties avoid expensive and distracting litigation.  To learn more about BMN’s affinity program for trade associations, professional organizations, firms and businesses to promote the use of mediation to their members and clients, see Business Conflict Forum™