Founding Letters and Mediation Clauses

We are often asked how lawyers can persuade other parties to consider mediation: we suggest that, as with other aspects of protecting a client’s interests, proposals can be recorded in writing with the suggestion that these may be founded on in a question about expenses or costs. English readers operate within the context of the Civil Procedure Rules, of course, and the case law which expands on those rules. In Scotland, the exercise of judicial discretion to modify or otherwise give effect to an expenses finding which recognises parties’ attempts to resolve a matter by negotiation at an earlier stage may well offer opportunities to press for mediation, now that its validity and success rate is well established.

We were delighted to hear from a senior solicitor whose work involves advising many leading and innovative SME’s and other clients that his firm is now proposing mediation clauses in all contracts. This leadership can only benefit clients in the future.