This sets out the sequence to follow the moment a dispute arises under a contract that contains an arbitration, mediation or other ADR clause.
Step 1 — Locate and read the clause first
Before any correspondence about the substance of the dispute, establish exactly what the contract requires — mandatory negotiation, mediation, arbitration, or a tiered combination — and any procedural pre-conditions such as a notice period.
Step 2 — Comply with any pre-conditions
Many clauses require a formal notice, or a defined period of negotiation, before arbitration or mediation can be invoked. Skipping this step can itself become a procedural objection later.
Step 3 — Preserve the relevant record
Gather correspondence, the contract itself and any performance records relevant to the dispute before the process formally begins.
Step 4 — Invoke the clause formally
Send the notice or request required by the clause, addressed correctly and within any time limit stated.
Step 5 — Engage properly in the chosen process
Whether mediation or arbitration, engage in good faith and keep records of the process itself, since these may matter if enforcement or a further challenge becomes necessary.
What to do next
Bring the contract and any correspondence exchanged so far, and confirm which stage of the clause’s process you are currently at.