The parties may seek to settle their dispute through mediation. Mediation may be scheduled independently of arbitration or concurrently with the scheduling of the arbitration. In mediation, an impartial and independent mediator assists the parties in reaching a settlement but does not have the authority to make a binding decision or award. The Mediation Rules that follow provide a framework for the mediation.

 

The following pre-dispute mediation clause may be included in contracts:

In the event of any controversy or claim arising out of or relating to this contract, or a breach thereof, the parties hereto agree first to try and settle the dispute by mediation, administered by the TAIAS under its Mediation Rules, before resorting to arbitration, litigation, or some other dispute resolution procedure.

 

The parties should consider adding:

1. The place of mediation shall be [city, (province or state), country]; and

2. The language(s) of the mediation shall be [indicate language(s)].

 

If the parties want to use a mediator to resolve an existing dispute, they may enter into the following submission agreement:

The parties hereby submit the following dispute to mediation administered by the TAIAS in accordance with its International Mediation Rules. (The clause may also provide for the qualifications of the mediator(s), the place of mediation, and any other item of concern to the parties.)