Resources > Mediation Clauses
Mediation Clauses
Mediation clauses can be customized for the automobile, construction, healthcare, insurance, real estate and other industries. This sample clause should not be used as legal advice. Have your attorney review this document prior to its use.
SAMPLE ADDENDUM
Addendum to agreement between ______ and ______ dated_____. The parties agree that should a dispute arise reulting from the above referenced agreement, they will attempt to mediate a resolution prior to the filing of any legal action.
This agreement does not limit or otherwise change any legal rights of the parties.
The mediator will be chosen by and acceptable to both parties from a roster of mediators registered with the Georgia Office of Dispute Resolution which can be found at www.gaodr.com. The parties agree to equally split the cost of the mediation.
____________________ __________________
Party A date Party B date
SAMPLE CONSTRUCTION MEDIATION AGREEMENT
This is an addendum to the agreement between____________ and ___________________ dated _______. The parties agree to have any claim arising out of or related to the contract between them mediated prior to any other legal action.
· Neither party gives up their right to any other legal action unless an agreement is reached.
· Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
Mediation fees will be divided evenly between parties. The mediation shall be conducted where you reside or at another place as determined by the parties. The parties agree to participate in good faith in the mediation. By entering into this agreement, the parties are not waiving their right to a jury trial or their right to participate in any class action in court or through arbitration. Request for mediation shall be filed in writing with the other party t Disputes Limited, P.O. Box 23404, Macon, Georgia, 31212 (Phone 478.784.9448). www.disputeslimited.com, email: disputeslimited@cox.net
If the parties fail to mediate as required under this agreement, the party demanding mediation shall, to the extent allowed by applicable law, be entitled to recover its attorney’s fees and any costs incurred in compelling the other party to mediate the claim.
If any term of this agreement conflicts with the terms of any other document or agreement between the Parties, the terms of this Agreement shall prevail. If any part of this Agreement shall be deemed or found unenforceable for any reason, the remainder of the Agreement shall remain enforceable.
Guidelines For Mediation 1) Mediation differs from litigation in that the parties, with assistance from the mediator, reach their own agreement. The mediator will not make decision for the parties. The mediator will assist the parties in reaching a decision which is acceptable to all.
2) The mediator is not acting in the capacity of an attorney and does not offer legal advice. All parties are encouraged to have their attorney look over any agreement prior to signing papers. If a party’s attorney is not present at the mediation session, the attorney has three (3) days to object to any agreement made at the mediation. All parties are also responsible for having their own accountant or tax advisor look over any tax ramifications of agreements reached.
3) Information gathered in the mediation process is confidential and privileged. The mediator shall not willingly testify for or against either party involved should either party end the mediation process and litigate the matter in court. The mediator cannot be subpoenaed to testify concerning this mediation in any subsequent court actions.
4) The confidentiality of the mediation process shall not excuse the mediator's duty to report any abuse revealed during said process.
By Signing Below, the parties acknowledge that they have read and agree to the terms of this mediation agreement.
|
