Litigation and Dispute Resolution

Honestly I have to agree with Phil, however, Nicole brings up a great point.  Truth is there are many mitigating factors.  It is always a good idea to find a mediator who has direct experience in your specific issue.  And like every other service you may buy, make sure you check references to learn just how good they are at their job.  That can mean a lot to you as your negotiation proceeds.  Like everything else we do, it is always wise to check out our bedfellows carefully to avoid getting caught up with someone not really able to achieve the goal we need or want.  Cost for this will vary widely depending on the deal you cut for the work, how extensive that work turns out to be, is it required that they travel and what are the hard costs involved.  Reality is somewhere between Phil and Nicole but can be higher.

Yes a well worded disclaimer clause that is clearly stated will be enforceable. There are a number of different types of disclaimers or exclusion clauses. One type you have identified is on the bottom of emails but they are also found in most consumer contracts such as gym agreements, mobile phone contracts etc. They are enforceable as by signing those documents you are stating that you have read and understood the terms of the agreement and consent to waiving your rights. Exclusion clauses are also found in car parks, again if clearly displayed and worded will be enforceable. My advice is always make sure the clause clearly states what you are excluded, if it is vague it will be unenforceable.

In terms of indemnify the company from inappropriate - remember you are vicariously liable for the actions of your employees. That means in simple terms -- you are responsible for every idiot you employ and the actions of that idiot. However if you have a clear social media and email policy then it could be a disciplinary action against the employee.