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 in good faith 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:

(Describe briefly)

Negotiation-Mediation Clause with Designated Mediator Option

If the dispute has not been resolved by negotiation as provided herein within [45] 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.