2011 Model Mediation Clause

Inclusion of a dispute resolution clause within commercial contracts can avoid costly and time-consuming disputes further down the line. Below is the BCDR-AAA Model Mediation Clause and the Model Submission to Mediation:

Model Mediation Clause

"If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation in accordance with the Mediation Rules of the Bahrain Chamber for Dispute Resolution before resorting to arbitration, litigation or some other dispute resolution procedure"

Model Submission to Mediation (existing disputes):

"The parties hereby submit the following dispute to mediation administered by the Bahrain Chamber for Dispute Resolution in accordance with its Mediation Rules."

(Drafting Note: The clause may also provide for the qualifications of the mediator(s), method of payment, locale of meetings and any other item of concern to the parties.)