A Mediation Arbitration Agreement provides an efficient and cost-effective alternative to litigation under U.S. law. This document is typically used when parties wish to establish a clear framework for resolving potential disputes through alternative dispute resolution methods. The agreement details the processes for both mediation and arbitration, including selection of neutral parties, cost allocation, and procedural requirements. It's particularly valuable for maintaining business relationships while providing a binding resolution mechanism if mediation fails. The agreement must comply with both federal and state-specific arbitration laws to ensure enforceability.
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1. Parties: Identification and details of all parties to the agreement
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Agreement to Mediate/Arbitrate: Core provision establishing parties' commitment to ADR process
5. Mediation Process: Steps and procedures for mediation
6. Arbitration Process: Steps and procedures for arbitration if mediation fails
7. Confidentiality: Provisions regarding confidentiality of proceedings
8. Costs: Allocation of mediation and arbitration costs
1. Emergency Relief: Procedures for urgent matters requiring immediate attention when parties anticipate potential emergency situations
2. Multi-Party Provisions: Special procedures for multiple parties when agreement involves more than two parties
3. International Provisions: Special considerations for international disputes when parties are from different countries
1. Mediator Selection Process: Detailed procedures for selecting mediators
2. Arbitrator Selection Process: Detailed procedures for selecting arbitrators
3. Fee Schedule: Detailed breakdown of costs and fees
4. Mediation Rules: Detailed rules governing the mediation process
5. Arbitration Rules: Detailed rules governing the arbitration process
Relevant legal definitions
Clauses
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