Franchise Disputes

1.      Pre-Dispute Clause (Mediation)

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 CPR Franchise Mediation Program [as modified by the CPR Streamlined Mediator Selection Procedure], before resorting to arbitration or litigation.

2.      Pre-Dispute Clause (Arbitration)

Any dispute arising out of or relating to this contract, including the breach, termination or validity thereof, shall be finally resolved by arbitration in accordance with the International Institute for Conflict Prevention and Resolution Rules for Non-Administered Arbitration of Franchise Disputes by [a sole arbitrator] [three arbitrators, of whom each party shall appoint one pursuant to Rules 5.1 and 5.2] [three arbitrators, of whom each party shall designate one in accordance with the "screened" appointment procedure provided in Rule 5.4] [three arbitrators, none of whom shall be appointed by either party]. [The arbitrator(s), and not the court, shall have primary responsibility to hear and determine challenges to the jurisdiction of the arbitrator(s). OR The court, and not the arbitrator(s), shall have primary responsibility to hear and determine challenges to the jurisdiction of the arbitrator(s).] The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. The place of the arbitration shall be (city, state).

3.      Existing Dispute Submission Agreement (Arbitration)

We, the undersigned parties, here by agree to submit to arbitration in accordance with the International Institute for Conflict Prevention and Resolution Rules for Non-Administered Arbitration of Franchise Disputes (the "Rules") the following dispute:

[Describe briefly]

We further agree that the above dispute shall be submitted to [a sole arbitrator] [three arbitrators, of whom each party shall appoint one pursuant to Rules 5.1 and 5.2] [three arbitrators, of whom each party shall designate one in accordance with the "screened" appointment procedure provided in Rule 5.4] [three arbitrators, none of whom shall be appointed by either party]. [The arbitrator(s), and not the court, shall have primary responsibility to hear and determine challenges to the jurisdiction of the arbitrator(s). OR The court, and not the arbitrator(s), shall have primary responsibility to hear and determine challenges to the jurisdiction of the arbitrator(s).] We further agree that we shall faithfully observe this agreement and the Rules and that we shall abide by and perform any award rendered by the arbitrator(s). The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award may be entered by any court having jurisdiction thereof. The place of arbitration shall be [city, state].

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