Sample Mediation Clause 1.

a. Within ten (10) business days following the signature of this Agreement by all Parties, the Parties shall commence non-binding mediation of the Dispute before [here identify mediator or method of selection through ReMedi]. The Mediation shall take place in [here identify city] at such location and on such dates as shall be designated by the Mediator, making reasonable accommodation and taking into account the respective schedules of the Parties.

b. The Mediator may suspend or terminate the Mediation, if the Mediator feels that an impasse has been reached.

c. No agreement, consensus or understanding reached by the Parties, or some of them, during the course of the Mediation shall be binding on any or all of the Parties, until and unless reduced to a written agreement signed by all Parties hereto (“Settlement Agreement”).

d. Subject to applicable law, confidential information disclosed to the Mediator by the Parties in the course of Mediation shall not be divulged by the Mediator. The Mediator shall maintain the confidentiality of all information obtained in the Mediation, and all records, reports, or other documents received by the Mediator while serving in that capacity shall be confidential. The Mediator shall not be compelled to divulge such records or reports or to testify in regard to the Mediation in any adversary proceeding, including any binding arbitration hereunder or in any judicial forum. All documents used in the Mediation must be returned to the Party that presented such documents and no Party may make or use copies of any documents used by another Party at the Mediation. The Parties shall maintain the confidentiality of the Mediation and shall not rely on, or introduce as evidence in any arbitral, judicial, or other proceeding, the following, unless agreed to by the Parties or required by applicable law or applicable discovery rules:

(i) Views expressed or suggestions made by a Party or other participant with respect to a possible settlement of the dispute;

(ii) Admissions made by a party or other participant in the course of the Mediation proceedings;

(iii) Proposals made or views expressed by the Mediator; or

(iv) The fact that a Party had or had not indicated willingness to accept a proposal for settlement made by the Mediator.

Nothing contained herein shall be construed as to prohibit or restrict a Party from using its own records, reports, or other documents in any subsequent proceeding so long as such records, reports or other documents are not derived from or based on any confidential information disclosed by another Party during the Mediation.

e. There shall be no stenographic, tape recording, or other record kept of the Mediation process.

f. The Mediation shall be deemed terminated upon the occurrence of any of the following:

(i) By the execution of a Settlement Agreement by all of the Parties; or

(ii) By a written declaration of the Mediator to the effect that further efforts at mediation would not contribute to a resolution of the Parties’ dispute; or

(iii) By a written declaration of any Party to the effect that the Mediation proceedings are terminated; or

(iv) When there has been no communication between the Mediator and any Party’s Representative, either directly or by the Parties’ respective legal counsel, for 21 days following the conclusion of the Mediation conference or any adjournment dates thereof.
Sample Mediation Clause:

Sample Mediation Clause 2.

The Parties agree that before resorting to any formal dispute resolution process concerning any dispute arising from or in any way relating to this Agreement, they will first attempt to engage in Mediation. If the Parties cannot agree upon a mediator, each shall select one name from a list of mediators maintained by ReMedi. The two selected shall then choose a third person who will serve as Mediator. The Parties agree that Party Principals, who have complete authority to authorize any settlement, shall participate in the mediation process, including being present throughout the mediation session(s).

The Parties shall have 45 calendar days from the date the Mediator is selected within which to commence the first mediation. The Parties agree that any mediated settlement agreement executed by the parties may be converted to an arbitration award by the Mediator and confirmed as a judgment. The Parties understand that mediation empowers each with control over the outcome that is not available once arbitration or litigation proceedings are begun. They further agree that they will mediate in good faith in an effort to find a solution that serves their respective and mutual interests, including, if applicable, their continuing business/professional relationship.