Standard clauses to be inserted into a commercial agreement to give parties the opportunity to resolve disputes through mediation before litigation or arbitration is commenced. Guidance is provided on using the clause under the laws of China, Hong Kong and England and Wales. Only use these clauses if at least one party is foreign (that is, not Chinese). For contracts to which all parties are domestic Chinese entities, see instead Standard Clause, Mediation and Med-Arb (no Foreign Element): China.

The clauses provide a framework for the parties to resolve disputes through formal mediation. They are an alternative to Standard Clause, Multi-Tiered Dispute Resolution Procedure: China (also known as an "escalation clause") which provides for the parties to try to reach settlement through informal negotiation prior to formal mediation either before or in parallel to court proceedings.

These clauses are based on the model clauses provided by the Centre for Effective Dispute Resolution (CEDR) Asia Pacific.

This standard clause is available in Chinese. To download a Word version of this standard document in Chinese, click Standard Clause, Mediation: China (Chinese Language Version).