Arbitration And Mediation Agreement Template for Canada

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Key Requirements PROMPT example:

Arbitration And Mediation Agreement

I need an Arbitration and Mediation Agreement for a technology services company operating across multiple Canadian provinces, with specific provisions for virtual proceedings and expedited arbitration for disputes under $100,000.

Document background
The Arbitration And Mediation Agreement serves as a crucial document for parties seeking to establish an efficient and private dispute resolution mechanism outside the traditional court system. This agreement is designed for use in Canadian business relationships where parties wish to first attempt mediation before proceeding to binding arbitration. It incorporates requirements from both federal legislation (Commercial Arbitration Act) and provincial arbitration laws, ensuring enforceability across Canadian jurisdictions. The document is particularly valuable for commercial relationships where confidentiality, speed, and flexibility in dispute resolution are priorities. It includes comprehensive provisions for both mediation and arbitration processes, appointment of neutrals, procedural rules, costs, and enforcement mechanisms, while allowing customization to specific business needs and circumstances.
Suggested Sections

1. Parties: Identification of all parties entering into the agreement

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Key terms used throughout the agreement

4. Agreement to Mediate: Commitment to attempt mediation before arbitration and scope of matters subject to mediation

5. Mediation Process: Details of initiating and conducting mediation, including mediator selection

6. Agreement to Arbitrate: Scope of matters subject to arbitration and binding nature of the process

7. Arbitration Process: Procedures for initiating arbitration, selecting arbitrators, and conducting proceedings

8. Confidentiality: Obligations regarding confidentiality of both mediation and arbitration processes

9. Costs and Fees: Allocation of costs for both mediation and arbitration processes

10. Governing Law: Applicable law and jurisdiction

11. Notices: Method and addresses for formal communications between parties

12. Entire Agreement: Integration clause confirming this document represents the complete agreement

13. Execution: Signature blocks and execution requirements

Optional Sections

1. International Provisions: Additional provisions for cross-border disputes, including choice of language and applicable international conventions

2. Multi-Party Provisions: Special procedures for disputes involving multiple parties

3. Emergency Relief: Procedures for obtaining emergency interim relief

4. Appeal Process: Optional provisions for appealing arbitration decisions

5. Med-Arb Provisions: Specific provisions if allowing the mediator to serve as arbitrator

6. Virtual Proceedings: Procedures for conducting virtual mediations and arbitrations

7. Expert Determination: Provisions for referring technical matters to expert determination

8. Limitation of Liability: Provisions limiting liability of mediators and arbitrators

Suggested Schedules

1. Schedule A - Mediation Procedures: Detailed procedures and rules for the mediation process

2. Schedule B - Arbitration Procedures: Detailed procedures and rules for the arbitration process

3. Schedule C - Fee Schedule: Detailed breakdown of mediator and arbitrator fees and administrative costs

4. Schedule D - Request for Mediation Form: Standard form for initiating mediation

5. Schedule E - Notice of Arbitration Form: Standard form for initiating arbitration

6. Appendix 1 - Mediator Code of Conduct: Ethical guidelines and obligations for mediators

7. Appendix 2 - Arbitrator Code of Conduct: Ethical guidelines and obligations for arbitrators

8. Appendix 3 - Confidentiality Agreement: Standard form confidentiality agreement for all participants

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Relevant Industries

Manufacturing

Technology

Professional Services

Construction

Real Estate

Healthcare

Retail

Financial Services

Energy

Mining

Transportation

Agriculture

Telecommunications

Education

Entertainment

Media

Hospitality

Relevant Teams

Legal

Compliance

Risk Management

Commercial

Procurement

Business Development

Operations

Human Resources

Corporate Affairs

Contract Management

Vendor Management

Relevant Roles

Legal Counsel

General Counsel

Contract Manager

Chief Legal Officer

Business Development Manager

Commercial Director

Risk Manager

Compliance Officer

Chief Executive Officer

Chief Operating Officer

Procurement Manager

Project Manager

Human Resources Director

Corporate Secretary

Operations Manager

Partnership Manager

Vendor Relations Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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