Example referral letters

01formal

 

Dear Sirs,

Proposal to refer our dispute to mediation

This is an open letter proposing that the dispute between us, as described below, should be referred by us jointly to an agreed mediator with a view to our achieving resolution in mutually acceptable terms.

We put this to you for two reasons. In the first place because we believe that mediation is the most efficient way forward for both of us for many reasons. Secondly, we believe that mediation offers a less adversarial environment than the litigation towards which we are now heading.

Mediation will be conducted on an entirely confidential basis and without prejudice.

We have an open mind as to the choice of mediator, but for basic information, we suggest you refer to https://www.themediator.co.uk/business-mediation/advantages.

If we do not hear from you in relation to this open offer within seven days from the date of this letter, we will take it that you reject the offer to mediate. In that case we shall feel free to produce this letter to the court in the context of an application for a stay of proceedings or, at a later stage in connection with costs. As the law presently stands, a refusal to mediate is a ground for the court to order costs against the party refusing, regardless of the outcome of the proceedings.

If you accept that our dispute should be referred to mediation, we are ready to discuss the selection of the mediator and the administrative requirements immediately.

To avoid any possibility of misunderstanding with regard to this proposal, should the case come to court, we set out brief details of our dispute as follows:


The Parties

[Name and address of each party to the dispute]

Outline of the dispute

[Description of the dispute with sufficient detail for it to be clear as to the content and context]

Details of any connected persons

In addition to the Parties, the following parties have some limited involvement in this matter:

[Names of other parties, if any].

 

We look forward to hearing from you.

Yours faithfully,

 


02soft



Dear [appropriate name[, hello I]

Proposal to refer our dispute to mediation

This is an open letter. We believe that we should refer our dispute to a mediator with a view to our finding mutually acceptable terms to wind it up. I do not propose to make a big deal out of this. I have simply been undertaking some research and it seems to me to be the best way forward.

To be blunt, I have also discovered that if we were to take it to court and one of us had refused mediation, then it is likely that the judge would still order costs against that refusing party even if it won the case. That seems to me to make it a no-brainer to try mediation.

A good site for basic information is https://www.themediator.co.uk/business-mediation/advantages

We are absolutely open-minded about how to move forward with mediation but there’s no point in delay. We shall therefore take it that if you do not accept this proposal to mediate a within seven days, we shall take it that you have refused and that we shall then feel free to bring your refusal to the notice of the court in any litigation which either of us may initiate.

If you accept that our dispute should be referred to mediation, we are ready to discuss the selection of the mediator and the administrative requirements immediately.

Just for the avoidance of doubt, details of the dispute I’m talking about are:

[Corporate, organisational or personal names of parties]

Our dispute is broadly about: [brief details]

I look forward to hearing from you.

Yours sincerely,

 


03covid        Letter or email


Dear [appropriate name[, hello I]

Proposal to refer our dispute to mediation

We are both well aware that a difficult situation has arisen. We have taken very simple legal advice. It seems that no one is quite sure how things will work out when contracts are inevitably broken. We both know that we shall have to decide how to rearrange our relationship.

Of course I’m worried about how we will deal, not only with you, but with all our other customers, suppliers and professional providers. I discovered that there are many possibilities as to what a judge might say if we end up in court, but frankly I really would prefer to avoid that. It’ll cost both of us an arm and a leg. We shall have no resolution for many months and the outcome could be totally unsatisfactory for both of us.

I have been looking at alternative dispute resolution. As far as we are concerned, we would definitely go for mediation because it is fast and efficient and we can deal with it in a way that preserves our commercial relationship if that’s what we decide we want.

I have found only one decent explanation of this. I suggest you have a look at https://www.themediator.co.uk/online-mediation/covid-contract-disaster.

As I see it the most we can lose is a few hundred pounds paid to the mediator.

Please let me know what you think as soon as possible and in any event within a week. We got some urgent decisions to make at this end and we can’t hang about.

Regards / Yours sincerely,