The best time to address the handling of a dispute is before it
occurs. SDMC provides the following sample contract clauses to help
achieve this. Please note that the information provided on this
page is legal in nature. We make sure our information is accurate
and useful, but we also recommend you consult a lawyer if you want
professional assurance that our information, and your interpretation
of it, is appropriate to your particular situation.
PRE-DISPUTE CONTRACT CLAUSE FOR MEDIATION
The parties to this contract agree to mediate any controversy or
claim arising out of this contract or otherwise relating to this
contract prior to initiating litigation or arbitration. The parties
agree that the mediation service provider will be the San Diego
Mediation Center. Fees for the mediation service will be divided
equally among the parties. The parties agree to participate in the
mediation in good faith.
PRE-DISPUTE CONTRACT CLAUSE FOR MEDIATION
& ARBITRATION
In the event of any dispute as to any provision contained herein,
the dispute shall be submitted first to mediation at the San Diego
Mediation Center. In the event that mediation efforts have not resolved
the dispute, then the dispute shall be decided by binding arbitration
in accordance with the San Diego Mediation Center Arbitration Rules
of Procedure as well as applicable California Code of Civil Procedure.
PRE-DISPUTE ARBITRATION CLAUSE
The parties agree that that any controversy involving the construction
or application of any terms, provisions, or conditions of this agreement,
shall on the written request of either party be submitted to binding
arbitration in accordance with the San Diego Mediation Center Arbitration
Rules of Procedure as well as applicable California Code of Civil
Procedure.
San Diego Mediation Center 625 Broadway, Suite 1221
San Diego ,CA 92101
Phone (619) 238-2400 (760) 494-4728 Fax (619) 238-8041 contact@sdmediate.com