Including mediation clauses in license agreements.
Not exact matches
ClauseBuilder can be used to create pre-dispute ADR
clauses to be
included in contracts as well as
clauses for existing disputes that parties would like to submit to arbitration or
mediation.
In my experience, insurance claims benefit from some form of ADR, and more and more policies are
including clauses which oblige the parties to seek resolution by ADR such as arbitration or
mediation.
I have had many «full and frank discussions» (a very useful diplomatic euphemism) with fellow commercial lawyers about whether to
include mandatory
mediation clauses in business agreements.
And
including mediation in a contract dispute resolution
clause removes two of the major barriers to early dispute resolution: simple inertia and a fear of looking weak.
A
mediation clause may be
included in a contract as a first step to attempt resolution before advancing to arbitration.
Many contracts
include mediation or arbitration
clauses which allow you to avoid litigation if disputes do arise by either party.
Richard advises on all aspects of freehold (development agreements, overage
clauses, restrictive covenants) and leasehold (dilapidations, business tenancy issues, rent reviews) disputes and has considerable experience and expertise at all forms of dispute resolution
including mediations, arbitrations as well as contested litigation.
Like all aspects of
Mediation the Agreement to Mediate is wide open for the parties input - if there is an important condition or
clause the parties wish to be inserted then the Mediator will
include it in the document.
Try to
include a
clause in the contract that calls initially for
mediation of all disputes and then specifies what your options are if
mediation fails.