Sample letter suggesting mediation during proceedings

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Dear Sirs

Your Client: Bob Building Co Ltd

In light of the parties continuing obligation to consider appropriate methods of ADR, and in consideration of paragraph 1 of the Order made by DJ [NAME] at the Case Management Conference, we have been reflecting on whether or not it would be appropriate to consider mediation before the costs escalate further.

We can see no reason why mediation would not be appropriate. We would of course refer you to the observations made by the Court of Appeal inPGF II SA v OMFS Company 1 Ltd [2013] EWCA Civ 1288.

We have looked at the mediators on the panel of North West Mediation Solutions and consider that X Y or Z might be suitable candidates as mediator. We enclose copies of their CVs.

We would welcome your observations on whether or not you consider this to be an appropriate case to mediate, and if so, which of the mediators you would consider to be suitable.