This is the third in a series of articles about mediation advocacy. The second article (“Is Mediation the Right Choice for Your Dispute?” published Feb. 28) discussed a list of factors for evaluating the suitability of mediation for resolving a dispute. The article continued a hypothetical scenario in which the parties, Widgetronics and DesignMetrics, entered into a contract containing a dispute resolution clause and became embroiled in a dispute over Widgetronics’ alleged wrongful termination of the contract.
You and your client, Widgetronics, have applied the list of factors from the last article and have concluded that the dispute is suitable for mediation. The contract does contain a dispute resolution provision requiring mediation but, as the first article pointed out, it is deficient in a number of respects. And what if the contract didn’t have a dispute resolution clause? What would be the best way to introduce the subject of mediation to DesignMetrics?
