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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.
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