Sample Clause
 

FOLLOWING IS A SAMPLE CLAUSE TO INCORPORATE MEDIATION IN A CONTRACT. COUNSEL SHOULD FIRST BE CONSULTED.

NEGOTIATION AND MEDIATION.

We agree that, should any difference of interpretation, or any other controversy or claim arise out of, or relate to our contract or the breach thereof, we shall promptly make good faith efforts to negotiate our own written voluntary resolution of the matter directly between ourselves. We agree that, if the matter still remains unsettled for forty-five days after notification (via certified mail or personal delivery) that a dispute exists, we shall immediately jointly retain Daniel P. Ben-Zvi of DB Mediation Services, or another mutually-agreed neutral mediator with at least five years experience in dispute resolution and participate in confidential mediation to continue attempting to work out our own written voluntary settlement. We agree that if any of us files any arbitration claims, administrative or legal actions for disputes to which this clause applies, without first having attempted to resolve the dispute ourselves through neutral mediation, then that filing party shall not be entitled to recover attorneys fees, even if they would otherwise be entitled to them (subject to the discretion of the arbitrator or court involved)."
 

2013 Daniel Ben-Zvi.


 

 (c) 2013 Daniel Ben-Zvi, All Rights Reserved   ::  Tel: (310) 234-5677  ::  Fax: (310) 234-5699