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					ADR Forms Home Mediation Referral Form Mediation Agreement Form Clauses for Business & Other Agreements

	Negotiation and Mediation Should a dispute arise out of or be in relation to this Agreement, the parties shall attempt in good faith to resolve the dispute promptly by negotiation between principals or representatives who have the authority to settle the controversy. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within [15] days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and the response shall include (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the person or persons who will represent that party and of any other person who will accompany [him, her, them]. Within [30] days after delivery of the disputing party’s notice, the parties or their appointed representatives shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as settlement negotiations for purposes of applicable rules of evidence. If the dispute has not been resolved by negotiation within [45] days of the disputing party’s notice, or if the parties failed to meet within [30] days, the parties shall endeavor to settle the dispute by mediation before David Ferleger, Summit Solutions, Bala Cynwyd, PA. If he is not available, they shall choose an alternate mediator within [5] days. Mediation Any dispute arising out of or relating to this Agreement shall be, prior to any party initiating litigation, mediated before David Ferleger, Summit Solutions, Bala Cynwyd, PA. If he is not available, they shall choose an alternate mediator within [5] days of notice of his unavailability. At all times during the mediation process, the parties will act in good faith to attempt to settle their dispute. Once the date of the first formal mediation session set, the mediator may require the parties to submit (a) a mediation statement clarifying the disputed issues, as well as each party’s position and a summary of arguments supporting that position, and (b) the name and title of the person or persons who will attend and have authority to make the ultimate binding settlement decisions on behalf of the parties. At all times during the mediation process, the mediator will maintain impartiality, though he may give his/her views, opinions or settlement proposals as a means to move the dispute toward resolution. However, the mediator’s views, opinions, proposals, etc. shall not be deemed to be legal advice. Any and all statements or documents produced for the mediation shall be considered privileged information gained in the course of settlement negotiations, and as such, are not admissible and discoverable in any later legal proceeding. However, if the information is otherwise admissible or discoverable independent of the mediation process, the information will not be deemed to be privileged just because of its disclosure or use in the mediation proceeding. The parties agree that any settlement agreement that they may enter into during the mediation process is fully binding and enforceable by any Court with jurisdiction of the dispute. Notwithstanding the process set forth in this paragraph, the mediator is authorized to establish the timing, location and procedures for mediation sessions. The parties shall equally share all costs of mediation, including fees and expenses. Option for Arbitration (add to Mediation clause) Any controversy or claim arising out of or relating to this contract or the breach, termination or validity thereof, which remains unresolved 45 days after appointment of a mediator, shall be settled in arbitration by a sole arbitrator. The arbitration shall be governed by the Federal Arbitration Act, and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. The place of arbitration shall be __________________. [The arbitrator [is / is not] empowered to award damages in excess of compensatory damages [and each party hereby irrevocably waives any right to recover such damages with respect to any dispute resolved by arbitration]. The sole arbitrator to which the parties have agreed is David Ferleger, Summit Solutions, Bala Cynwyd, PA. Only if he is not available, they shall choose an alternate arbitrator or panel within [5] days of notice of his unavailability and, absent agreement, shall submit the issue to the American Arbitration Association. Arbitration Clause Any controversy or claim arising out of or relating to this contract or the breach, termination or validity thereof, shall be resolved by arbitration by a sole arbitrator. The arbitration shall be governed by the Federal Arbitration Act, and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. The place of arbitration shall be __________________. [The arbitrator(s) [are][are not] empowered to award damages in excess of compensatory damages [and each party hereby irrevocably waives any right to recover such damages with respect to any dispute resolved by arbitration]. The sole arbitrator to which the parties have agreed is David Ferleger, Summit Solutions, Bala Cynwyd, PA. Only if he is not available, they shall choose an alternate arbitrator or panel within [5] days of notice of his unavailability and, absent agreement, shall submit the issue to the American Arbitration Association. NOTE: No representation is made regarding the legal validity or effectiveness of these forms, and no legal advice is rendered by virtue of their presentation herein. These forms are not appropriate for all situations. Legal counsel should be obtained before use of these or any other forms.