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AGREEMENT TO MEDIATION/ARBITRATION This agreement made and entered into as of the day of, 20, between, with an address at and, with an address at. Witnessed: There exists between the above named parties

How to fill out agreement to mediationarbitration

Point by point guide on how to fill out an agreement to mediationarbitration:

1. Start by indicating the parties involved: Write down the names and contact information of the individuals or organizations entering into the agreement. Ensure that all parties are identified accurately.
2. State the purpose: Clearly outline the purpose of the agreement, which is to establish mediation and arbitration as the preferred method of resolving disputes between the parties. This section should highlight the intention to avoid litigation in court.
3. Define the scope: Specify the types of disputes that are covered by this agreement. This may include contractual disagreements, business-related conflicts, or any other specific areas that the parties want to include.
4. Choose the mediator and arbitrator: Identify the individual or organization that will serve as the mediator or arbitrator in case a dispute arises. Include their qualifications, experience, and any other relevant information that demonstrates their impartiality and expertise in the subject matter.
5. Determine the mediation process: Describe the steps involved in the mediation process, such as selecting a mutually convenient location, establishing a timeline, and outlining the procedures for conducting mediation sessions. It is crucial to provide sufficient detail to ensure all parties understand the expectations and requirements.
6. Outline the arbitration process: Explain the arbitration procedure, including how the arbitrator will be selected, the rules of evidence that will be applied, and the timeline for the resolution of the dispute. Mention any specific guidelines or regulations that will govern the arbitration process.
7. Discuss confidentiality: Address the issue of confidentiality to ensure that any information disclosed during mediation or arbitration remains confidential. Specify any exceptions to the confidentiality rule, such as legal requirements or disclosure required to enforce or challenge the arbitration award.
8. Include a severability clause: A severability clause states that if any part of the agreement is deemed unenforceable, the remainder of the agreement will still be valid and enforceable. This clause protects the agreement from being invalidated due to a single provision being found unenforceable.
9. Signature and date: Leave space for all parties involved to sign and date the agreement. Each party should retain a copy for their records.

Who needs an agreement to mediationarbitration?

1. Businesses or organizations that want to establish an alternative dispute resolution method for resolving disputes with other parties.
2. Individuals or employers involved in a contractual agreement who want to avoid costly and time-consuming court litigation.
3. Parties involved in complex or sensitive matters, such as intellectual property disputes, where maintaining confidentiality is crucial.
4. Anyone who wants to ensure a fair and impartial resolution process when disputes arise.

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