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The following alternative dispute resolution clause is
available, free of charge, for use within any contract that seeks
to include an
efficient and economical dispute resolution plan.
MWI will also customize dispute resolution clauses for
companies upon request. For more information, please
contact Charles Doran at 800-348-4888 or
cdoran@mwi.org for more
information.
MWI ADR Clause - Negotiation/Mediation/Arbitration
“The parties will attempt in good faith to resolve promptly
through negotiation any claim or controversy arising out of
or relating to this Agreement. If a claim or controversy
should arise, parties and/or their representatives shall
meet at least once and will attempt in good faith to resolve
the dispute. For such purpose, either party may request the
other to meet within fifteen (15) days at a mutually agreed
upon time and place. If the parties are not able to conduct
a meeting within said fifteen (15) day period or to resolve
the dispute within thirty (30) days after their first
negotiated meeting (or such longer period of time as may be
mutually agreed upon), either party refers the claim
or controversy to non-binding mediation conducted by
Mediation Works Incorporated (herein referred to as “MWI")
by contacting MWI at 800-348-4888 or <www.mwi.org>.
MWI will send a mediation request to the other party. In
the event that a party invokes mediation, the parties agree to
participate in the mediation process. MWI will then
contact the other party and will send an agreement to
mediate to both sides. The mediation
procedure shall be administered by MWI in consultation with
the parties. The fees and expenses of MWI's mediation
services shall be borne equally by the parties. If the
dispute has not been resolved within sixty (60) days after
the commencement of mediation, or if no mediation has been
commenced within sixty (60) days after the first negotiated
meeting between the parties (or such longer period of time
as may be mutually agreed upon), the parties further agree
that the dispute shall be
resolved through binding arbitration by a single arbitrator
conducted in accordance with MWI’s Rules of Arbitration in
effect at the time of the arbitration. The arbitrator's
decision shall be final and judgment thereon may be rendered
by any court of competent jurisdiction. All such
arbitration shall include, whether by joinder, consolidation
or otherwise, all parties that are required for a final
resolution of the dispute. The fees and expenses associated with the
arbitration shall be borne equally by the parties.”
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