|
1. How to Request Binding Mediation. Any party to a dispute
may initiate Binding Mediation by filing with the Corporate Partnering
Institute (herein referred to as "CPI" and as "Administrator") a request
for mediation pursuant to these Binding Mediation Rules. Such a request
should contain a brief statement of the nature of the dispute as well
as (to the extent available) the then current names, addresses and telephone
numbers of all parties to the dispute.
2. Non-Binding Mediation Followed by Binding Arbitration. "Binding
Mediation" shall mean mediation under The Corporate Partnering Institute's
Rules of Procedure for Non-Binding Mediation followed by arbitration
under the Corporate Partnering Institute's Rules of Procedure for Arbitration.
Both the Corporate Partnering Institute's Rules of Procedure for Non-Binding
Mediation and the Corporate Partnering Institute's Rules of Procedure
for Arbitration are hereby made a part of these Binding Mediation Rules.
The request for mediation pursuant to these Binding Mediation Rules
shall be deemed to constitute a request for mediation pursuant to the
Corporate Partnering Institute's Rules of Procedure for Non-Binding
Mediation and a request for arbitration pursuant to the Corporate Partnering
Institute's Rules of Procedure for Arbitration.
3. References to These Rules by Name. These Binding Mediation
Rules may be referred to as or cited in agreements and other documents
as: (i) CPI Rules for Binding Mediation of Business Disputes,
(ii) the Corporate Partnering Institute's Rules of Procedure for Binding
Mediation, (iii) the Corporate Partnering Institute Rules of Procedure
for Binding Mediation, (iv) the CPI Rules of Procedure for Binding Mediation,
(v) the Corporate Partnering Institute's Rules for Binding Mediation,
(vi) the Corporate Partnering Institute Rules for Binding Mediation,
(vii) the CPI Rules for Binding Mediation, (viii) the Corporate Partnering
Institute's Rules of Procedure for International Binding Mediation,
(ix) the Corporate Partnering Institute Rules of Procedure for International
Binding Mediation, (x) the CPI Rules of Procedure for International
Binding Mediation, (xi) the Corporate Partnering Institute's Rules for
International Binding Mediation, (xii) the Corporate Partnering Institute
Rules for International Binding Mediation, (xiii) the CPI Rules for
International Binding Mediation, (xiv) the Corporate Partnering Institute's
Rules of Procedure for Binding Business Mediation, (xv) the Corporate
Partnering Institute Rules of Procedure for Binding Business Mediation,
(xvi) the CPI Rules of Procedure for Binding Business Mediation, (xvii)
the Corporate Partnering Institute's Rules for Binding Business Mediation,
(xviii) the Corporate Partnering Institute Rules for Binding Business
Mediation, (xix) the CPI Rules for Binding Business Mediation, (xx)
the Corporate Partnering Institute's Rules of Procedure for Binding
Partnering Mediation, (xxi) the Corporate Partnering Institute Rules
of Procedure for Binding Partnering Mediation, (xxii) the CPI Rules
of Procedure for Binding Partnering Mediation, (xxiii) the Corporate
Partnering Institute's Rules of Binding Partnering Mediation, (xxiv)
the Corporate Partnering Institute Rules of Binding Partnering Mediation,
or (xxv) the CPI Rules of Binding Partnering Mediation.
4. Application of Rules. Whenever, by stipulation or in a contract,
parties have provided for Binding Mediation of existing or future disputes
under these Binding Mediation Rules, these Binding Mediation Rules,
as amended by the Administrator and in effect as of the date of the
submission of the dispute, a part of their agreement and thereby have
agreed to these Binding Mediation Rules. With respect to any particular
dispute, the Administrator shall have the discretion to determine whether
to accept or decline the arbitration or mediation of any dispute under
these Binding Mediation Rules. In the event that Administrator exercises
its discretion to decline such arbitration or mediation, the Administrator
will determine the substitute form of dispute resolution, which substitute
form of dispute resolution may include, by way of example and not limitation,
the rules of procedure of a court of competent jurisdiction or the rules
of procedure of other arbitral or mediation organizations.
|