I have gathered several sample mediation clauses for you. Do keep in
mind that Google Answers does not provide authoritative legal opinions
or advice; the material below is for informational purposes, and
should not be viewed as a substitute for the services of a qualified
legal professional.
Please note that some of these sample clauses mention certain
professional mediation firms by name. This should not be construed as
an endorsement of said firms.
"DISPUTE RESOLUTION
In the event of a dispute the Parties agree to attempt to settle it by
mediation in accordance with the Centre for Effective Dispute
Resolution Model Mediation Procedure. To initiate a mediation a Party
must give notice in writing (ADR Notice) to the other Party requesting
mediation in accordance with this clause. The Parties shall seek to
agree the nomination of the mediator, but in the absence of agreement
he shall be nominated by the President for the time being of the
British Medical Association. The mediation will start no later than
[20] days after date of the ADR Notice. If the dispute is not resolved
within [30] days of the ADR Notice a Party may by written notice to
the other refer the dispute to arbitration in accordance with clause
19.2 below. If the Parties are unable to settle a dispute arising out
of or in connection with this Agreement by mediation the dispute shall
be finally settled by arbitration in accordance with the UNCITRAL
Arbitration Rules as at present in force."
CLINICAL TRIAL AGREEMENT FOR PHARMACEUTICAL INDUSTRY SPONSORED
RESEARCH IN NHS TRUSTS
http://www.abpi.org.uk/%2Fpublications%2Fpdfs%2FModel_Clinical_Trial_Agreement_Final.pdf
"In the event of a dispute, the parties agree to submit the matter to
the Community Dispute Resolution Service or any recognized Mediation
Board located within our state and county, before instituting
litigation."
SpeedSelling: Terms of Service
http://www.speedselling.net/aff_enrollment_form.pdf
"Agreement to Mediate Disputes. In the event that any dispute arises
between the parties in relation to this Agreement, or out of this
Agreement, and the dispute is not resolved by negotiation, the parties
agree to submit the dispute to mediation. The parties further agree
that their participation in mediation is a condition precedent to any
party pursuing any other available remedy in relation to the dispute.
Any party to the dispute may give written notice to the other party of
his or her desire to commence mediation, and a mediation session must
take place within [30] days after the date that such notice is given.
The parties must jointly appoint a mutually acceptable mediator. If
the parties are unable to agree upon the appointment of a mediator
within [7] days after a party has given notice of a desire to mediate
the dispute, any party may apply to the Northern Virginia Mediation
Service, or such other organization or person agreed to by the parties
in writing, for appointment of a mediator. The parties further agree
to share equally the costs of the mediation, which costs will not
include costs incurred by a party for representation by counsel at the
mediation."
Sample Mediation Clauses
http://www.gmu.edu/departments/nvms/PDFs/clauses.pdf
"SAMPLE MEDIATION CLAUSE
The parties agree that they will endeavor to settle any dispute
controversy or claim arising out of or relating to this contract,
which they are unable to settle through direct negotiations, by
mediation administered by the Chicago International Dispute Resolution
Association ("CIDRA"), 200 World Trade Center, Suite 2400, The
Merchandise Mart, Chicago, Illinois USA 60654, under its Mediation
Rules before resorting to arbitration, litigation, or other dispute
resolution procedure.
Any contractual requirement of filing a notice of claim with respect
to the dispute submitted to mediation shall be suspended by mutual
agreement until the conclusion of the CIDRA mediation proceedings."
CIDRA: Sample Mediation Clause
http://www.cidra.org/mediatecl1.htm
"MEDIATION CLAUSE RIDER
The undersigned hereby agree that any dispute or claim arising out of
or relating to the attached contract dated __________, between
__________ and __________, the breach of that contract or the services
provided shall be submitted to mediation in accordance with the Rules
and Procedures of the Dispute Resolution System. Disputes shall
include representations made by the Buyer(s), Seller(s), or any real
estate broker or other person or entity in connection with the sale,
purchase, financing, condition or other aspect of the property to
which this contract pertains, including without limitation allegations
of concealment, misrepresentation, negligence and/or fraud. Any
agreement signed by the parties pursuant to the mediation conference
shall be binding."
NSBAR: Mediation Clause Rider
http://www.nsbar.org/DRSRIDER.PDF
"The parties agree that any and all disputes, claims or controversies
arising out of or relating to this Agreement shall be submitted to
GAMS, or its successor, for mediation. Either party may commence
mediation by providing to GAMS and the other party a written request
for mediation, setting forth the subject of the dispute and the relief
requested. The parties covenant to cooperate with GAMS and with one
another in selecting a mediator from GAMS' panel of neutrals, and in
scheduling all mediation proceedings. The parties covenant that they
will participate in the mediation in good faith, and that they will
share equally in its costs. All offers, promises, conduct and
statements, whether oral or written, made in the course of the
mediation by any of the parties, their agents, employees, experts and
attorneys, and by the mediator or any GAMS employees, are
confidential, privileged and inadmissible for any purpose, including
impeachment, in any arbitration or other proceeding involving the
parties, provided that evidence that is otherwise admissible or
discoverable shall not be rendered inadmissible or non-discoverable as
a result of its use in the mediation. The provisions of this Clause
may be enforced by any Court of competent jurisdiction, and the party
seeking enforcement shall be entitled to an award of all costs, fees
and expenses, including attorneys fees, to be paid by the party
against whom enforcement is ordered.
We have read and understand the foregoing and agree to submission of
all disputes, claims or controversies arising out of or relating to
this Agreement to mediation in accordance with this agreement."
Global Arbitration Mediation: Mediation Clause
http://www.globalarbitrationmediation.com/meditation_clause.shtml
"If a dispute arises out of or relates to this contract, or the breach
of this contract, and if the dispute cannot be settled through
negotiation, the parties agree first to try in good faith to mediate
this dispute with Judicial Dispute Resolution, Inc. before resorting
to arbitration, the filing of a lawsuit or any other dispute
resolution procedure."
Judicial Dispute Resolution: Contract Clauses
http://www.jdrinc.com/contract_body.html
"Any and all disputes, demands, claims or controversies hereto arising
out of or relating to this contract or the breach thereof, prior to
litigation, arbitration or administrative hearing, shall attempt to be
settled through a Resolute Systems' non-binding mediation settlement
conference in accordance with Resolute Systems' Mediation Rules."
Resolute Systems: Sample ADR Clauses
http://www.resolutesystems.com/sample_clauses.htm
Google search strategy:
Google Web Search: "mediation clause"
://www.google.com/search?hl=en&ie=UTF-8&q=%22mediation+clause
Google Web Search: "in the event of a dispute" mediation
://www.google.com/search?hl=en&ie=UTF-8&q=%22in+the+event+of+a+dispute%22+mediation
Google Web Search: "adr clause OR clauses"
://www.google.com/search?hl=en&ie=UTF-8&q=%22adr+clause+OR+clauses
I hope this helps. If anything is unclear, or if a link doesn't work
for you, please request clarification; I'll be glad to offer further
assistance before you rate my answer.
Best regards,
pinkfreud |
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