Sample Mediation / Arbitration Contract Provisions.
The following is a simple mediation/arbitration provision you can add to any agreement. It's suitable not only for internet related agreements, but also for other domestic or international agreements of any type or size. Insert it anywhere in an agreement. You can even pen it in right above your signature, just as you sign the agreement. Here it is
Notwithstanding anything to the contrary,
any dispute relating to this agreement
shall be resolved under the CPI Rules for Binding Mediation of Business Disputes.
The following is a stand alone Agreement you can use to submit an existing dispute to mediation / arbitration:
Agreement for Binding Mediation
The undersigned agree to submit all disputes between and among
them to mediation and arbitration under the CPI Rules for
Binding Mediation of Business Disputes._____________________________________________
name of business (if any) signature date_____________________________________________
name of business (if any) signature dateMediation vs. Arbitration.
Mediation. Mediation is a non-binding form of dispute resolution that works well for minor disputes. The mediator engages in shuttle diplomacy to formulate a solution that is acceptable to both sides. It has one major disadvantage. If the mediator fails to find a common ground, the dispute moves back to the litigation track. As a result, it works well for minor disputes. It doesn't work as well with intractable disputes or unreasonable parties.
Arbitration. Arbitration is a binding form of dispute resolution. It permits parties to submit their dispute to an independent third party who functions much like a judge. The arbitrator listens to the facts and then renders a judgment. It has one drawback, the arbitration is conducted much like a trial, and isn't as conducive reaching a reasonable business compromise to a business dispute.
Binding Mediation. This one's our favorite, a melding of mediation and arbitration. It starts out with non-binding mediation. If the parties are unable to reach a mutually satifactory compromise, it converts to binding arbitration. The mediator can continue on as the arbitrator... one who has been educated on the true needs and wants of the parties, as well as who is being reasonable and who is not. The prospect of this escalation encourages reasonableness at the mediation stage. The background information permits the mediator/arbitrator to better construct fair and reasonable remedies, taking into account practical business realities.
Mediation / Arbitration Rules.
CPI Rules for Mediation of Business Disputes
Who We Are and How We Can Help You.
To obtain more information about The Corporate Partnering Institute please visit
the CPI Home Page, call 1-800-948-1700 ...or Email us at cpart2@corporate-partnering.com