MWI Dispute Resolution Clause

This clause may be included, free of charge, in any contract that seeks to set forth a plan to resolve disputes quickly, efficiently and economically. MWI can also customize a dispute resolution clause for clients upon request. Please contact Chuck Doran at cdoran@mwi.org or 617-895-4026 for more information.

MWI ADR Clause:

“If a claim or controversy arising out of or relating to this agreement should arise, the parties will first make a good faith attempt to resolve the matter through negotiation. For such purpose, either party may request the other side to meet within 15 days of an impasse at a mutually agreed upon time and place. If the parties are not able to conduct a meeting within 15 days or resolve the dispute within 21 days, either party may then refer the claim to mediation at MWI by contacting MWI at mailbox@mwi.org or 617-973-9739 and a MWI case manager will provide notice to the other side. MWI will then contact the other side and confirm that the parties agree to participate in the mediation process. The mediation procedure shall be administered by MWI and include such issues as: mediator selection and vetting; mediation date, time and site location, and any procedural issues. The fees and expenses of the MWI Mediator and the mediation session shall be borne equally by the parties, unless MWI is instructed otherwise by both parties. Should the parties reach a resolution, the settlement agreement will be considered a binding document.

If the dispute has not been resolved within 30 days after the commencement of mediation, or if no mediation has been commenced within sixty (60) days after the first negotiation between the parties, the parties agree that the dispute will be resolved through binding arbitration by a single arbitrator from MWI. The arbitration will be conducted in accordance with the parties’ choice of rules, in discussion with an MWI case manager. The arbitrator’s decision will be final and the award will be a reasoned award. The judgment thereon may be rendered by any court of competent jurisdiction. The arbitration will include all parties who are required for a full and final resolution of the dispute. The fees and expenses associated with the arbitration shall be borne equally by the parties, unless MWI is informed otherwise by both parties.”

For more information

Please contact Chuck Doran, Executive Director, at cdoran@mwi.org or 617-895-4026.