The following clauses are provided merely as a reference point and NAM encourages that independent legal advice is sought for the purposes of preparing an Arbitration or Mediation pre-dispute provision.
Contact us for assistance on developing your arbitration and mediation agreements.
Commercial
Despite the best intentions of all parties involved, conflicts often arise in business transactions where there are divergent interests. When there are suppliers, vendors, partners and customers, there are always potential for disputes. Solving issues quickly, efficiently and in a non-adversarial nature, can often save relationships, time and money. NAM (National Arbitration and Mediation) administers dispute resolution services between commercial clients of all sizes and complexities. Whether you have a relatively small claim with another entity or a more complex case with multiple parties and significant money at risk, NAM’s services can prove invaluable in resolving such matters.
Sample Arbitration Clause
The parties agree that any claim, dispute or controversy arising out of, or relating to, this agreement, or the breach thereof, shall be resolved through final and binding Arbitration to be administrated by (“NAM”) National Arbitration and Mediation and governed by NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time such claim is filed. Any award of the Arbitrator is final and binding and may be entered as a judgment in any court having jurisdiction.
If you have a question about the arbitration process or to obtain a current copy of the Comprehensive Dispute Resolution Rules and Procedures and/or fee schedule, NAM’s Commercial Dept. can be contacted at (800) 358-2550 or by NAM’s website at www.namadr.com.
Sample Mediation Clause
The parties agree that any dispute or controversy, arising out of or in connection with this Agreement or any alleged breach thereof, shall be subject to mediation if all parties agree thereto. If the parties mutually agree to submit to Mediation, any such Mediation shall be administrated by National Arbitration and Mediation (“NAM”) and governed by their Comprehensive Dispute Resolution Rules and Procedures and the Fee Schedule in effect at the time such claim is filed with NAM.
If you have a question about the mediation process or to obtain a current copy of the Comprehensive Dispute Resolution Rules and Procedures and/or fee schedule, NAM’s Commercial Dept. can be contacted at (800) 358-2550 or by NAM’s website at www.namadr.com.
Construction
No two construction projects are alike. NAM’s roster of Neutrals offer parties highly qualified individuals with industry specific expertise in diverse areas including, but not limited to, hands-on building and/or remodeling, contractor license and insurance coverage, construction methods, architecture, home inspection, building codes, warranties, right to cure and enforcement issues. Identifying and establishing systems to manage potential business disputes relating to construction issues often-times can help parties avoid time-consuming and costly delays stemming from a myriad of potential areas of disagreement.
Sample Construction Clause
The parties agree that any claim or dispute relating to this agreement, as well as any other matters, disputes, or claims between them, shall first be Mediated and/or Arbitrated in an attempt to resolve any and all issues. Initially, the parties agree to consider mediating the dispute. The parties agree that any claim or dispute between the parties that arises out of this contract or the relationship or obligations contemplated under this contract, including the validity of this Mediation and Arbitration clause, if not resolved through Mediation, shall be resolved through final and binding Arbitration to be administrated by National Arbitration and Mediation (“NAM”). The parties agree that all Mediations and Arbitrations shall be governed by NAM’s Comprehensive Rules and Procedures and the fee schedule in effect at the time such claim is filed. Any award of the Arbitrator is final and binding and may be entered as a judgment in any court having jurisdiction. In the event a court having jurisdiction finds any portion of this agreement unenforceable, that portion shall not be effective, and the remainder of the agreement shall remain effective. NAM can be contacted at 800-358-2550 Att: Construction Claims Dept., to file a claim for Mediation or Arbitration, respond to any questions regarding the dispute resolution process, or to request a copy of NAM’s current Comprehensive Rules and Procedures and fee schedule. This agreement shall be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. §1-16.
Employment
Employers and employees may face workplace disputes involving alleged wrongful termination, wage and hour disputes, sexual harassment, or discrimination based on race, color, religion, sex, national origin, age, and disability. Careful consideration is given to each matter we administer, and we pride ourselves on providing litigants with responsive service.
Sample Employment Arbitration Clause
Should any dispute between Employee and Employer arise at any time out of any aspect of the employment relationship, including, but not limited to, the hiring, performance or termination of employment and/or cessation of employment with the Employer and/or against any employee, officer, alleged agent, director, affiliate, subsidiary or sister company relationship, or relating to an application or candidacy for employment, Employee and Employer will confer in, good faith, to resolve promptly such dispute. In the event that Employer and Employee are unable to resolve their dispute and should either desire to pursue a claim against the other party, both Employer and Employee agree to have the dispute resolved by final and binding Arbitration. The Employee and Employer agree that the Arbitration shall be held in the county and state where Employee currently works for Employer or most recently worked for Employer.
The arbitration shall be conducted by an arbitrator(s) provided by an impartial third-party Arbitration provider, National Arbitration and Mediation (“NAM”), and be subject to NAM’s Employment Rules and Procedures and the Fee Schedule in effect at the time the claim is filed with NAM. To obtain a copy of NAM’s Employment Rules and Procedures and the Fee Schedule in effect, or for general inquiries regarding the dispute resolution process, NAM can be contacted at 1-800-358-2550, Att: Employment Division.
All previously unasserted claims arising under federal, state or local statutory or common law and all disputes relating to the validity of this contract, as well this arbitration provision, shall be decided by final and binding arbitration. Any award of the arbitrator(s) is final and binding and may be entered as a judgment in any court of competent jurisdiction. In the event a court having jurisdiction finds any portion of this agreement unenforceable, that portion shall not be effective, and the remainder of the agreement shall remain in effect.
Need additional assistance with your arbitration or mediation clauses? Contact us today.