Get the conversation started: why a mediation clause belongs in your business contracts
Wherever construction, decision-making or collaboration occurs, tensions can arise. A problem with the contractor, a dispute over a commercial lease, a shareholder dispute or a difficult permit file: every collaboration carries the risk of misunderstandings or friction. In our earlier blogs, we illustrated how mediation gives oxygen to stalled files. But mediation doesn't have to come to the table only when the conflict is already proliferating: you can also build them in pre-emptively. Attorneys and certified mediators Gregory Vermaercke and Stefanie Claeys share their views on the mediation clause and its benefits for entrepreneurs and governments.
The mediation clause: a well thought-out addition with great impact
A mediation clause is a provision in your agreement in which you commit - as contracting parties - to first go around the table in the event of a future dispute. Not opposite each other, but side by side, with the guidance of a recognized mediator.
Such a clause is in se a simple addition, but it strongly drives cooperation. It prevents a solvable disagreement from escalating into a legal battle in court.
And that pays off, especially in contracts where long-term relationships, mutual dependence or reputation play a role, such as in construction contracts, real estate or rental agreements, commercial cooperation agreements, shareholder agreements or administrative agreements between entrepreneurs and governments.
A mediation clause creates peace and direction even before a conflict actually unfolds.
Why choose a mediation clause?
A mediation clause offers exactly what is often lacking in tense situations: space to discuss, trust to listen to each other and peace to avoid escalation.
Its preventive nature plays a key role: even before the conflict arises, you provide a path for dialogue. For entrepreneurs and governments, this is not a detail, but a strategic choice: discreet, well-considered and aimed at sustainable cooperation.
NOMA thinks along with you, at the drawing board and in dialogue
Not a copy-paste clause, but a deliberate move: a mediation clause is not a standard formula, but deserves a well-considered place in your contract, tailored to the context, the sector and the relationship between the parties.
What works for a government collaboration requires something different than what is needed for a commercial contract or real estate transaction. The tone, timing and procedural arrangements: every detail makes the difference between a clause that provides peace of mind and one that goes unused.
At NOMA, our licensed mediators and contract law attorneys think with you from the drafting or revision of your agreements. We provide legally sound agreements, with particular attention to your present and future interests and the relational dynamics.
Get your contracts on point and guard against tensions even when things go wrong? Our attorneys will be happy to review with you how a mediation clause can make a difference in your specific context. Make an appointment in Brussels, Bruges or Kortrijk.
Read also: The power of mediation - The mediation process step by step - Mediation in various sectors.
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NOMA's team is ready to assist you with expert advice and customized guidance in a confidential setting!
Feel free to contact us for a personal consultation at our offices in Brussels, Bruges or Kortrijk.
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