Example of an optional prior mediation clause

In the event of any dispute arising out of or in connection with the Contract (insert the term designating the contract in which the clause will be implemented), the parties agree to discuss, prior to any other proceedings, the advisability of attempting to resolve it by mediation in accordance with Equanim International’s mediation rules.

Example of a mandatory prior mediation clause

In the event of any dispute arising out of or in connection with the Contract (insert the term designating the contract in which the clause is to be implemented), the parties will, on a mandatory basis and prior to any other proceedings, attempt to settle their dispute amicably by mediation in accordance with Equanim International’s mediation rules. If the dispute has not been settled under the said mediation rules within a period of [XX] days/months following the filing of the request for mediation or within any other period which the parties may agree in writing, the dispute will then be finally settled in accordance with […].