letter template...
invitation to mediate
Dear
Invitation to ADR
In the spirit of the CPR and in order to achieve a mutually satisfactory settlement of the matters presently in dispute between us [our clients] we are [our client is] willing to participate in confidential, non-binding, voluntary mediation.
Accordingly, we propose that a neutral mediator [from the panel of Consensus Mediation] be appointed to assist the negotiation of a settlement without the imposition of a judgment or other evaluation of the case, and that we [our clients] agree to participate in mediation on a strictly confidential and without prejudice basis, further agreeing that nothing disclosed during the course of the mediation may be admitted as evidence in court or other proceedings.
We invite you [and your client] to agree to participate in good faith. If you are [your client is] unwilling to attempt this method of settlement we reserve the right to bring this letter to the attention of the court on the question of costs pursuant to CPR 44.4 and 44.5, relying inter alia upon the Court of Appeal's decision in Halsey v Milton Keynes NHS Trust.
Please let us have your considered response to this invitation no later than [10am on etc].
Yours faithfully
Note: If the dispute arises out of a contract which contains a mediation or ADR clause reference should be made to that clause in the opening paragraph, and the reference line may be amended to read 'Notice to Mediate'.
Note 2: This style of writing might be too formal if you are not writing as a professional advisor. Note 3: This only applies in England and Wales. If you're in another jurisdiction there's no point mentioning the CPR.
IMPORTANT
This information is provided primarily for the use of qualified advisors. You should seek professional legal advice before using or amending any of the information on this page. The circumstances of your own case may make the use of this information inappropriate.
The information appearing on these pages is provided without any liability whatsoever on the part of Consensus Mediation or its panel mediators.
Nothing here amounts to legal advice nor is any solicitor and client or other relationship formed by the consideration or use of this information.