A “Sample Letter To Request Mediation On a Breach Of Contract” is a pre-written template. It helps you ask the other party to solve a contract problem through mediation. You might need this letter if someone didn’t follow your contract terms.
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Sample Letter To Request Mediation On A Breach Of Contract
[Your Name/Company Name]
[Your Address]
[Your City, State, Zip Code]
[Date]
[Name of Other Party/Company Name]
[Address of Other Party/Company Name]
[City, State, Zip Code]
**Subject: Request for Mediation Regarding Breach of Contract**
Dear [Name of Contact Person],
This letter concerns the contract we entered into on [Date of Contract] regarding [Subject of Contract]. We believe there has been a breach of contract. Specifically, [Clearly describe the breach of contract].
We are disappointed by this situation. We believe mediation offers the best way to resolve this issue fairly and efficiently. Mediation allows us to discuss the matter openly with the help of a neutral third party. This can lead to a solution that works for everyone involved, avoiding the time and expense of legal action.
We propose using [Name of Mediation Service or Mediator, if known. Otherwise, suggest a type of mediator, e.g., a retired judge]. We are open to discussing alternative mediators.
Please let us know your willingness to participate in mediation within [Number] days. We hope to resolve this matter amicably.
Sincerely,
[Your Name/Signature]
[Your Title, if applicable]
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How to Write Letter To Request Mediation On a Breach of Contract
1. Crafting a Compelling Subject Line
The subject line is your initial entreaty. It must be perspicuous and direct, ensuring the recipient understands the letter’s purpose immediately. Avoid ambiguity.
- **Example:** Subject: Formal Request for Mediation – Breach of Contract Dated [Date]
- Clearly state the letter’s intent: mediation request.
- Reference the specific contract in question.
2. The Salutation: Setting the Tone
Begin with professionalism. The salutation dictates the initial tenor of your communication; avoid undue informality.
- If you know the recipient’s name: “Dear Mr./Ms. [Last Name],”
- If the name is unknown: “To Whom It May Concern:” (less ideal, but acceptable)
- Avoid overly casual greetings like “Hi [Name],” in a formal context.
3. The Introductory Paragraph: Laying the Foundation
Succinctly articulate the letter’s objective. Immediately identify yourself, the contract, and the reason for initiating mediation. Conciseness is paramount.
- State your name and your company’s name (if applicable).
- Reference the specific contract date and title.
- Clearly state you are requesting mediation due to a perceived breach of contract.
- Avoid accusatory language at this juncture; maintain neutrality.
4. Elucidating the Breach: Providing Context
Specify the clauses breached with irrefutable clarity. Detail the pertinent facts that precipitated the breach. Substantiate your claims without resorting to histrionics.
- Identify the specific clause(s) of the contract that were allegedly breached.
- Provide a succinct factual account of the events constituting the breach.
- Reference any supporting documentation (invoices, emails, etc.) that corroborate your claims.
- Avoid emotional language; stick to the facts.
5. Proposing Mediation: The Central Plea
Explicitly propose mediation as a means of amicable resolution. Suggest potential mediators or organizations. Demonstrate a genuine desire for concord.
- State your desire to resolve the dispute through mediation.
- Suggest a specific mediator or mediation service (e.g., American Arbitration Association). If you don’t have someone in mind, offer to discuss potential mediators.
- Express your willingness to participate in good faith negotiations.
6. Outlining Expectations and Timelines
Suggest a timeline for responding to your request and initiating the mediation process. This evinces proactivity and demonstrates your commitment to timely resolution. Be realistic.
- Request a response within a reasonable timeframe (e.g., 14 days).
- Suggest a potential date or timeframe for the initial mediation session.
- Indicate your availability to discuss the matter further at their convenience.
7. The Closing: Reinforcing Professionalism
End with a formal closing that reinforces your commitment to resolution and maintains a cordial tone. Avoid anything that could be construed as antagonistic.
- Use a professional closing: “Sincerely,” or “Respectfully,”
- Include your typed name, title (if applicable), and contact information (phone number, email address).
- Consider adding a line expressing hope for a swift and amicable resolution.
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Frequently Asked Questions: Requesting Mediation for Breach of Contract
This section addresses common inquiries regarding sending a sample letter to request mediation in a breach of contract situation. Understanding the process can facilitate efficient dispute resolution.
What is the purpose of a mediation request letter?
The purpose is to formally initiate the mediation process as a means of resolving a contract dispute outside of court.
What key elements should be included in the letter?
Essential elements include a clear identification of the parties, a description of the contract and the alleged breach, a statement requesting mediation, and contact information.
Is it necessary to send a mediation request letter before filing a lawsuit?
While not always legally required, it is often a prudent step, especially if the contract contains a mediation clause, and can demonstrate a good-faith effort to resolve the dispute amicably.
Should the letter specify a preferred mediator or mediation service?
The letter can suggest a mediator or service, but it’s often more effective to propose a collaborative selection process to ensure neutrality and mutual agreement.
What happens after the mediation request letter is sent?
The recipient is expected to respond, typically within a specified timeframe. If accepted, the parties will then proceed to schedule and participate in mediation sessions.