The Mediation And Mutual Arbitration Agreement is essential for organizations seeking to manage dispute resolution efficiently and cost-effectively under U.S. jurisdiction. This agreement is commonly implemented when parties wish to avoid lengthy and expensive court proceedings by agreeing to resolve disputes through mediation first, followed by binding arbitration if necessary. It complies with federal and state arbitration laws, including the Federal Arbitration Act, and typically addresses key aspects such as process selection, confidentiality, cost allocation, and enforcement mechanisms. The agreement is particularly valuable for employment relationships, business partnerships, and service contracts where maintaining ongoing relationships is important.
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1. Parties: Identification of all parties entering into the agreement
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Agreement to Mediate: Terms governing the mediation process
5. Agreement to Arbitrate: Terms governing the arbitration process
6. Scope of Agreement: What disputes are covered and excluded
7. Selection of Mediator/Arbitrator: Process for choosing neutral third parties
8. Costs and Fees: Allocation of mediation and arbitration expenses
9. Governing Law: Applicable law and jurisdiction
1. Class Action Waiver: Waiver of right to participate in class actions - recommended for employment or consumer agreements
2. Confidentiality: Terms regarding privacy of proceedings - recommended when parties want to ensure confidentiality
3. Discovery Procedures: Rules for information exchange - recommended for complex disputes requiring extensive evidence
4. Emergency Relief: Provisions for urgent interim relief - recommended when immediate action might be necessary
1. Mediation Procedures: Detailed steps for the mediation process
2. Arbitration Rules: Specific rules governing the arbitration process
3. Fee Schedule: Breakdown of costs and fees
4. Approved Mediators/Arbitrators: List of pre-approved neutral third parties if specified
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