The Arbitration And Mediation Agreement is essential for parties seeking to establish clear, efficient, and cost-effective dispute resolution procedures outside of traditional litigation. This agreement, governed by U.S. federal and state laws, is commonly used in commercial relationships, employment contracts, and consumer agreements. It specifies the scope of disputes to be resolved through alternative dispute resolution, outlines the selection process for neutrals, establishes cost-sharing arrangements, and defines the procedural framework for both mediation and arbitration processes.
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1. Parties: Identification and details of all parties entering into the agreement
2. Background: Context and purpose of the arbitration and mediation agreement
3. Definitions: Key terms used throughout the agreement
4. Scope of Agreement: Types of disputes covered by the agreement
5. Mediation Procedures: Process and requirements for mediation
6. Arbitration Procedures: Process and requirements for arbitration
7. Selection of Mediators/Arbitrators: Process for choosing neutral third parties
8. Costs and Fees: Allocation of expenses related to proceedings
9. Governing Law: Applicable law and jurisdiction
1. Class Action Waiver: Waiver of right to participate in class actions - used in consumer or employment agreements
2. Confidentiality Provisions: Requirements for maintaining confidentiality of proceedings - used when sensitive business information may be involved
3. Emergency Relief: Provisions for seeking emergency court intervention - used when immediate injunctive relief might be necessary
1. Fee Schedule: Detailed breakdown of mediator/arbitrator fees and other costs
2. Procedural Rules: Detailed procedures for conducting mediation and arbitration
3. Forms: Standard forms for initiating proceedings or selecting neutrals
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