LCA Draft Mediation Clause
As with arbitration, the LCA provides standard mediation clause for parties who have agreed to refer their disputes to the LCA. This draft clause can be included in a commercial agreement for the effective resolution of any dispute that arises in connection with such agreement.
The LCA draft mediation clause is as follows:
“Any difference, controversy or dispute arising out of or connected with this Agreement or the breach thereof which cannot be mutually resolved by amicable discussions between the parties (‘the dispute’) shall be referred to the Lagos Court of Arbitration (LCA) for Mediation to be conducted in accordance with the LCA Mediation Guidelines. Unless the parties agree otherwise, the dispute shall be resolved by a sole mediator appointed in accordance with the provisions of the LCA Mediation Guidelines. The Mediation shall be held at a venue agreed between the parties, failing which, it shall be held in Lagos, Nigeria. The settlement agreement reached by the parties pursuant to the Mediation shall be final and binding as soon as same is signed by the parties or their representatives. Unless the parties agree otherwise, in the event that the dispute cannot be resolved within 30 (thirty) days of the appointment of the Mediator, the dispute shall be referred to any other dispute resolution mechanism administered by the LCA.”