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| Simple core mediation clause
If any dispute arises in connection with this agreement, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR.
Simple core mediation clause including time and notification
If any dispute arises in connection with this agreement, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing (‘ADR notice’) to the other party[ies] to the dispute requesting a mediation. A copy of the request should be sent to CEDR.
The mediation will start not later than [ ] days after the date of the ADR notice. Simple core mediation clause including time, plus reference to court proceedings in parallel
If any dispute arises in connection with this agreement, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing (‘ADR notice’) to the other party[ies] to the dispute requesting a mediation. A copy of the request should be sent to CEDR. The mediation will start not later than [ ] days after the date of the ADR notice. The commencement of a mediation will not prevent the parties commencing or continuing court proceedings / an arbitration.
Simple core mediation clause including time, plus reference to no court or arbitration proceedings until mediation termi
If any dispute arises in connection with this agreement, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing (‘ADR notice’) to the other party[ies] to the dispute requesting a mediation. A copy of the request should be sent to CEDR. The mediation will start not later than [ ] days after the date of the ADR notice. No party may commence any court proceedings/arbitration in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay.
Multi-tiered process
If any dispute arises in connection with this agreement, directors or other senior representatives of the parties with authority to settle the dispute will, within [ ] days of a written request from one party to the other, meet in a good faith effort to resolve the dispute.
If the dispute is not resolved at that meeting, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing (‘ADR notice’) to the other party(ies) to the dispute requesting a mediation. A copy of the request should be sent to CEDR Solve. The mediation will start not later than [ ] days after the date of the ADR notice. [The draftsperson has the choice to add Version 1, referring to court proceedings in parallel, or Version 2, no court proceedings until the mediation is completed.] Version 1: The commencement of a mediation will not prevent the parties commencing or continuing court proceedings / an arbitration. Version 2: No party may commence any court proceedings / arbitration in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay. International core mediation clause
If any dispute arises in connection with this agreement, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. The mediation will take place in [city / country of neither / none of the parties] and the language of the mediation will be [ ]. The Mediation Agreement referred to in the Model Procedure shall be governed by, and construed and take effect in accordance with the substantive law of [England and Wales]. If the dispute is not settled by mediation within [ ] days of commencement of the mediation or within such further period as the parties may agree in writing, the dispute shall be referred to and finally resolved by arbitration. CEDR shall be the appointing body and administer the arbitration. CEDR shall apply the UNCITRAL rules in force at the time arbitration is initiated. In any arbitration commenced pursuant to this clause, the number of arbitrators shall be [1 – 3] and the seat or legal place of arbitration shall be [London, England].
Core wording for a “dispute or disagreement during employment”
If any dispute, complaint or disagreement arises in connection with this employment contract, the parties will consider resolving it by mediation in accordance with the Company’s Mediation policy (and if appropriate refer to the CEDR model mediation procedure). Unless otherwise agreed between the parties, CEDR Solve will nominate the mediator. Mediation is a confidential process and will be entered into both voluntarily and in good faith, and neither party, by entering into such a process will waive their respective statutory or contractual employment rights.
Core mediation clause for fairness at work policies (particularly grievance policies and procedures
An employee and his or her manager should endeavour to resolve the grievance (matter of difference) between themselves in the first instance under the normal terms of this policy. The Company operates (an agreed) Mediation policy and procedure. Disputes and differences are best resolved at the earliest stage possible. If either the employee or manager considers that the matter might be best resolved through mediation they should refer the matter to XXXX (as stated in the Company’s Mediation policy). An employee participating in mediation to resolve an issue will not be debarred from either commencing or taking such procedures further through the Company’s grievance procedure if the matter is not resolved by mediation.
Core wording for disciplinary and capability procedures
The most appropriate course of complaint regarding any action taken within this procedure will normally be through the appeals procedure. This does not prevent either party or their adviser suggesting an attempt to resolve the difference by mediation. If this is acceptable, to both parties, an independent mediator will be nominated by CEDR, as detailed in the Company’s agreed Mediation policy and scheme.
If mediation is agreed the disciplinary/capability procedure may be halted temporarily at the discretion of the Company. In the event that the mediation is not appropriate or does not resolve the dispute, the disciplinary /capability procedure and appeal process shall normally be reinstated. |
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