Arbitration Provision Agreement Amendment

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									This document is an amendment to a prior agreement that adds mediation and
arbitration provisions that eliminate use of the state and federal courts as a method for
resolving disputes. This amendment, if signed, would add a mediation and arbitration
provision requiring that the parties first mediate in good faith. If the parties cannot
resolve their dispute in mediation, the parties will then enter binding arbitration to
resolve the dispute. This document can be customized to fit the needs of parties
seeking to mediate and arbitrate all claims or disputes.
                        ___________ [Instruction: Insert Name of Party 1]
                        ___________ [Instruction: Insert Address 1]
                        ___________ [Instruction: Insert Address 2]

                                                Dated: ___________ [Instruction: Insert Date]

___________ [Instruction: Insert Name of Party 2]
___________ [Instruction: Insert Address 1]
___________ [Instruction: Insert Address 2]

RE:    Amendment to Agreement dated ___________ [Instruction: Insert Date]

Dear ___________ [Instruction: Insert Name of Party 2]:

Reference is hereby made to an agreement between ___________ [Instruction: Insert Name of
Party 1], on the one hand and ___________ [Instruction: Insert Name of Party 2], on the other
hand, dated as of ___________ [Instruction: Insert Agreement Date] (henceforth, the
“Agreement”). For good and valuable consideration, the receipt and sufficiency of which are
hereby and mutually acknowledged, the parties hereby agree to amend the terms of the
Agreement by the terms of this amendment (the “Amendment”) as follows:

1. All terms contained herein, unless otherwise defined, shall have the meanings ascribed to
them in the Agreement.

2. Notwithstanding anything to the contrary contained in the Agreement, the parties hereby
further agree as follows:

       In the event that a dispute arises out of or relating to the Agreement, the parties
       hereby agree to participate in at least ___________ (__) hours [Instruction:
       Insert Amount] of mediation in accordance with the mediation procedures of
       ___________ [Instruction: Insert Mediation Company]. The parties shall
       meaningfully mediate in good faith and agree to share equally in the costs of the
       mediation. The mediation shall be administered by a mutually agreed mediator, in
       the event that a mediator cannot be mutually agreed upon, the mediator shall be
       selected by an independent third party. In the event that such mediation is
       unsuccessful, such dispute shall be settled by binding arbitration in accordance
       with the rules of ___________ [Instruction: Insert Arbitration Company]. All
       hearings will be held in County of _____________ [Instruction: Insert County],
       State of ______________ [Instruction: Insert State], before a mutually agreed
       arbitrator, who is a licensed attorney. In the event that an arbitrator cannot be
       mutually agreed upon, the arbitrator shall be selected by an independent third
       party. The arbitrator’s decision shall be final and binding, and judgment may be
       entered thereon. In the event a party fails to proceed with arbitration,
       unsuccessfully challenges the arbitrator’s award, or fails to comply with the
       arbitrator’s award, the other party shall be entitled to costs of suit including
       reasonable attorney’s fees related to having to compel arbitration or defending or
       enforcing the award. The Federal Arbitration Act (Title 9, U.S. Code, Section 1,
       et. seq.) shall govern all arbitration and confirmation proceedings. Any party
       refusing to mediate shall not prevent the other party or parties from pursuing their
       claims in arbitration. Nothing herein will be construed to prevent any party’s use
       of an injunction, and/or any other prejudgment or provisional action or remedy.

3. Except as otherwise provided for in this Amendment, the terms and conditions of the
Agreement shall remain in full force and effect.

Please confirm your acceptance of the foregoing by signing where indicated below.


                                             Very Truly Yours,

                                             ___________ [Instruction: Insert Name of Party
                                             1]


                                             ______________________________ [Instruction:
                                             sign]
                                             By: ___________ [Instruction: Insert Name of
                                             Signatory]
                                             Title: ___________ [Instruction: Insert Title of
                                             Signatory]



AGREED AND ACCEPTED

___________ [Instruction: Insert Name of Party 2]



________________________________
[Instruction: sign]
By: ___________ [Instruction: Insert Name of Signatory]
Title: ___________ [Instruction: Insert Title of Signatory]

								
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