MEDIATION

Other Names: Alternative Dispute Resolution • ADR • Dispute Resolution • Dispute Resolution Procedures • Disputes

Sample Clause Language:

In the event any dispute arising out of or relating to this Agreement remains unresolved within [sixty (60) days] from the date the affected Party informed the other Party of such dispute, either Party may initiate mediation upon written notice to the other Party (the date of such notice, the “Notice Date”), whereupon both Parties shall be obligated to engage in a mediation proceeding under the then current International Institute for Conflict Prevention & Resolution (“CPR”) Mediation Procedure (www.cpradr.org), except that specific provisions of this Section shall override inconsistent provisions of the CPR Mediation Procedure. The mediator will be selected from the CPR Panels of Neutrals. If the Parties cannot agree upon the selection of a mediator within [fifteen (15) business days] after the Notice Date, then upon the request of either Party, the CPR shall appoint the mediator. The Parties shall attempt to resolve the dispute through mediation until the first of the following occurs: (A) the Parties reach a written settlement, (B) the mediator notifies the Parties in writing that they have reached an impasse, (C) the Parties agree in writing that they have reached an impasse, or (D) the Parties have not reached a settlement within [sixty (60) days] after the Notice Date. [The cost of the mediator shall be borne equally by the Parties.] [The cost of the mediator shall be borne by PARTY A/PARTY B.] If the Parties fail to resolve the dispute through mediation, each Party shall have the right to pursue any other remedies legally available to resolve the dispute, including by way of arbitration or a suit.

Source: BLexaria Bioscience Corp. (2019, November 14). Form 10-K. Retrieved from SEC EDGAR website http://www.sec.gov/edgar.shtml

 

Description:

Mediation clauses require the parties to resolve disputes using mediation. They often specify a specific set of rules that the parties must follow. The sample clause here specifies that the rules set by the International Institute for Conflict Prevention & Resolution are to be followed.

Common Contracts with this Clause:

  • All Commercial Agreements
 

What you'll see with Lawgood:

Number of Positions Available:

Four (4) Alternative Positions

  • CPR Rules
  • AAA Rules
  • JAMS Rules
  • State Rules

Related Clauses:

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