Mediation Model Clauses
Agreement to Mediate
The CPR Mediation Procedure (the "Procedure") may be adopted by agreement of the parties, with or without modification, before or after a dispute has arisen. The following provisions are suggested:
A. Pre-dispute Clause
The parties shall attempt to resolve any dispute arising out of or relating to this Agreement promptly by confidential mediation under the [then current] CPR Mediation Procedure [in effect on the date of this Agreement], before resorting to arbitration or litigation.
B. Existing Dispute Submission Agreement
We hereby agree to submit to confidential mediation under the CPR Mediation Procedure the following controversy:
a. Negotiation Between Executives The parties shall attempt to resolve any dispute arising out of or relating to this [Agreement][Contract] promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this contract. To initiate a negotiation, a party shall give the other party written notice of any dispute not resolved in the normal course of business. Within  days after delivery of the notice, the executives of both parties 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 negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.
b. If the dispute has not been resolved by negotiation as provided herein within  days after delivery of the initial notice of negotiation, [or if the parties failed to meet within] 20 [days,] the parties shall endeavor to settle the dispute by mediation under the CPR Mediation Procedure [currently in effect OR in effect on the date of this Agreement], [provided, however, that if one party fails to participate as provided herein, the other party can initiate mediation prior to the expiration of the] 45 [days.] The parties have selected [insert name] as the mediator in any such dispute, and [he][she] has agreed to serve in that capacity and to be available on reasonable notice. In the event that [insert named mediator] becomes unwilling or unable to serve, the parties have selected [insert name] as the alternate mediator. In the event that neither person is willing or able to serve, the parties will agree on a substitute with the assistance of CPR. Unless otherwise agreed, the parties will select a mediator from the CPR Panels of Distinguished Neutrals.