Mediation Model Clauses & Agreement
The JUPITICE Mediation Procedural Rules (the "RULES ") may be adopted by agreement of the parties, with or without modification, before or after a dispute has arisen. The following provisions are suggested:
A. Future or Pre-Dispute Model Clause
The parties shall attempt to resolve any dispute arising out of or relating to this Agreement promptly by confidential mediation under the [then current] JUPITICE Mediation Procedural Rules [in effect on the date of this Agreement], before resorting to arbitration or litigation.
B. Existing Dispute Model Clause
We hereby agree to submit the following disputes to mediate under the JUPITICE Mediation Procedural Rules:
1. Negotiation between Executives: The parties shall attempt to resolve any dispute arising out of or relating to this [Agreement/Contract] promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this contract. To initiate a negotiation, a party shall give the other party written notice of any dispute not resolved in the normal course of business. Within  days after delivery of the notice, the executives of both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.
2. If the dispute has not been resolved by negotiation as provided herein within 45 days after delivery of the initial notice of negotiation, [or if the parties failed to meet within] 20 days, the parties shall endeavor to settle the dispute by mediation under the JUPITICE Mediation Procedural Rules [currently in effect OR in effect on the date of this Agreement], provided, however, that if one party fails to participate as provided herein, the other party can initiate mediation prior to the expiration of the 45 days. The parties have selected [insert name] as the mediator in any such dispute, and [he][she] has agreed to serve in that capacity and to be available on reasonable notice. In the event that [insert named mediator] becomes unwilling or unable to serve, the parties have selected [insert name] as the alternate mediator. In the event that neither person is willing or able to serve, the parties will agree on a substitute with the assistance of JUPITICE. Unless otherwise agreed, the parties will select a mediator from the JUPITICE Global Panel of Neutrals.
C. JUPITICE Model Clause for Concurrent Mediation-Arbitration
“Following the commencement of any arbitration, the parties shall endeavor to settle the dispute by confidential mediation under the JUPITICE Mediation Procedural Rules in effect on the date of this Agreement. Unless they otherwise agree, the parties shall select a mediator from the JUPITICE Global Panels of Neutrals. If mediation has already been initiated prior to the commencement of the arbitration pursuant to a JUPITICE Mediation Model Clause, and if all parties consent, the previously appointed mediator may serve as the mediator under this Concurrent Mediation-Arbitration Clause.
The mediation initiated under this Clause will continue until a written settlement agreement is reached, an award is delivered to the parties, or the procedure is terminated by agreement of the parties. Notwithstanding the foregoing, any party may withdraw at any time after attending the first substantive mediation conference, as provided in JUPITICE Mediation Procedural Rules. The mediation shall be conducted in accordance with the JUPITICE Mediation Procedural Rules [currently in effect OR in effect on the date of this Agreement] Any settlement reached in the course of the mediation and before an award is made, shall be referred to the Arbitral Tribunal and, if the parties so agree, may be reflected in a consent award under Section V of the JUPITICE Rules for Administered Arbitration.”
Model Agreement for Mediation
Parties to an existing dispute in which neither an Mediation clause nor a previous agreement with respect to Mediation exists, who wish to refer such dispute to arbitration under the JUPITICE Online Administered Mediation Rules, may agree to do so in the following terms:
“We, the undersigned, agree to refer to online Mediation administered by Jupitice Case Management Team under the JUPITICE Online Administered Mediation Rules by using Jupitice Justice Technology Platform, any dispute, controversy, difference or claim (including any dispute regarding non-contractual obligations) arising out of or relating to:
(Brief description of contract under which disputes, controversies, differences or claims have arisen or may arise.)
The law of this Mediation agreement shall be …
The number of Conciliators shall be ... (one or three).
The Mediation proceedings shall be conducted in ... (insert language).
Signed: ________________ (Respondent)
Draft Model Clause for Online Mediation
To adopt Jupitice Online Mediation Services, we recommend the following model clause may be adopted by the parties to a contract who wish to refer any future disputes to online mediation in accordance with these Rules:
“Any dispute, controversy or claim arising out of or relating to this contract including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be submitted to Mediation to be settled by Online Mediation managed by Jupitice under in accordance with the Jupitice Online Mediation Rules (“Rules”) or any other Online Mediation Rules in force on the date when request for Mediation is submitted, which Rules are deemed to be incorporated by reference into this Clause.