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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.
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
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
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
Arbitration
Arbitrator
Arbitral Tribunal
Award
Business Day
Claim
Confidential Information
Costs
Dispute
Emergency Arbitrator
Expert
Governing Law
Hearing
Institution
Interim Measures
Mediation
Mediator
Notice
Notice of Arbitration
Parties
Party
Proceeding
Reference Date
Representatives
Request for Mediation
Rules
Settlement Agreement
Statement of Claim
Statement of Defense
Terms of Reference
Tribunal Secretary
Virtual Proceeding
Witness
Written Communication
Recitals
Definitions
Scope of Agreement
Agreement to Mediate
Agreement to Arbitrate
Mediation Procedures
Arbitration Procedures
Appointment of Mediator
Appointment of Arbitrators
Confidentiality
Costs and Fees
Time Limits
Jurisdiction
Governing Law
Communications and Notices
Evidence and Witnesses
Interim Measures
Awards
Settlement
Termination
Emergency Relief
Expert Determination
Language of Proceedings
Place of Proceedings
Virtual Proceedings
Multi-Party Proceedings
Consolidation
Amendment
Severability
Entire Agreement
Execution
Manufacturing
Technology
Professional Services
Construction
Real Estate
Healthcare
Retail
Financial Services
Energy
Mining
Transportation
Agriculture
Telecommunications
Education
Entertainment
Media
Hospitality
Legal
Compliance
Risk Management
Commercial
Procurement
Business Development
Operations
Human Resources
Corporate Affairs
Contract Management
Vendor Management
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
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