Kurallar

Sample Mediation Clause

Both parties agree that they shall attempt to resolve any dispute arising from this Agreement through mediation. Both parties agree that at least one company employee, capable of negotiating an agreement on behalf of their company, shall, within three weeks of receipt of written notification of a dispute, meet with at least one employee, capable of negotiating an agreement on behalf of their company, of the party raising the dispute. If no agreement can be reached, both parties agree to meet again within a four week period after the initial meeting to negotiate in good faith to resolve the dispute. If no agreement can be reached after this second meeting, both parties agree to submit the dispute to Arbitration under clause…………………..

2. Sample Resolution of Disputes Clause

Resolution of Dispute

(a) The parties agree to effect all reasonable efforts to resolve any and all disputes between them in connection with this

Agreement in an amicable manner.

(b) The parties agree that any dispute that arises in connection with this Agreement and which cannot be amicably resolved by the parties shall be resolved by binding Alternative Dispute Resolution (ADR) in the manner described below.

(e) If a party intends to begin ADR to resolve a dispute, such party shall provide written notice to the other party informing the other party of such intention and the issues to be resolved. Within twenty (20) business days after its receipt of such notice, the other party may, by written notice to the party initiating ADR, add additional issues to be resolved. Within forty (40) business days following the receipt of the original ADR notice (“Notice Date”) a neutral shall be selected by the then President of the Center for Public Resources (CPR), 680 Fifth Avenue, New York, New York 10019. The neutral shall be a single individual who shall preside in resolution of any disputes between the parties. The neutral selected shall not be an employee, director or shareholder of either party or of an Affiliate.

(d) Each party shall have twenty (20) business days from the date the neutral is selected to object in good faith to the selection of that person. If either party makes such an objection, the then President of the CPR shall, as soon as possible thereafter, select another neutral under the same conditions set forth above. This second selection shall be final.

(e) The ADR shall be conducted in the following manner:

(1) No later than forty (40) business days after selection, the neutral shall hold a hearing to resolve each of the issues identified by the parties.

(2) At least five (5) days prior to the hearing, each party must submit to the neutral and serve on the other party a proposed ruling on each issue to be resolved. Such writing shall be limited to presenting the proposed ruling, shall contain no argument on or analysis of the facts or issues, and shall be limited to not more than fifty pages.

(3) The neutral shall not require for shall there be any discovery by any means, including depositions, interrogatories or production of documents

.

(4) Each pay shall be entitled to no more than five (5) hours of hearing to present testimony or documentary evidence. The testimony of both parties shall be presented during the same calendar day. Such time limitation shall include any direct, cross or rebuttal testimony, but such time limitation shall only be charged against the party conducting such direct, cross or rebuttal testimony. It shall be the responsibility of the neutral to determine whether the parties have had the five (5) hours to which each is entitled.

(5) Each party shall have the right to be represented by Counsel. The neutral shall have sole discretion with regard to the admissibility of any evidence.

(6) The neutral shall rule on each disputed issue within ten (10) days following the completion of the testimony of both parties. Such ruling shall adopt in its entirety the proposed ruling of one of the parties on each disputed issue.

(7) ADR shall take place at a location agreed by the parties or, if the parties are unable to agree, then as designated by the neutral. Ali costs incurred for a hearing room shall be shared equally between the parties.

(8) The neutral shall be paid a reasonable fee plus expenses, which fees and expenses shall be shared equally by the parties.