Dispute Resolution Clause
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Dispute Resolution Clause
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- posted:
- 6/24/2010
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Dispute Resolution Clause
[You may want to add a dispute clause to your agreement, which will allow the parties to
agree in advance on a framework mandating noncourt alternatives such as mediation
and/or arbitration for resolving disputes. The dispute clause below may be added to any
agreement on this CD-ROM. For more information, see Chapter 1.]
Disputes
[ ] Litigation. If a dispute arises, either party may take the matter to court.
[ ] Mediation and Possible Litigation. If a dispute arises, the parties will try in good
faith to settle it through mediation conducted by
[ ] ________________________.
[ ] a mediator to be mutually selected.
The parties will share the costs of the mediator equally. Each party will cooperate fully
and fairly with the mediator and will attempt to reach a mutually satisfactory compromise
to the dispute. If the dispute is not resolved within 30 days after it is referred to the
mediator, either party may take the matter to court.
[ ] Mediation and Possible Arbitration. If a dispute arises, the parties will try in good
faith to settle it through mediation conducted by
[ ] ________________________.
[ ] a mediator to be mutually selected.
The parties will share the costs of the mediator equally. Each party will cooperate fully
and fairly with the mediator and will attempt to reach a mutually satisfactory compromise
to the dispute. If the dispute is not resolved within 30 days after it is referred to the
mediator, it will be arbitrated by
[ ] ________________________
[ ] an arbitrator to be mutually selected.
Judgment on the arbitration award may be entered in any court that has jurisdiction over
the matter. Costs of arbitration, including lawyers' fees, will be allocated by the arbitrator.
[ ] Attorneys' Fees. If either party brings a legal action arising out of a dispute over
this agreement, the losing party will reimburse the prevailing party for all reasonable
costs and attorneys' fees incurred by the prevailing party in the lawsuit.
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