Sample mediation clause for construction contract

Dispute Resolution

Should there be a dispute regarding any aspect of the contract, prior to either party initiating arbitration or litigation, the parties agree to engage in mediation of all outstanding issues utilizing a neutral Rocky Mountain Mediation mediator. Such mediation shall be a minimum of two sessions (two hours each). Each party shall pay half of the cost of mediation. Either party can request mediation by notifying Rocky Mountain Mediation via email, phone or US mail, providing all current contact information for both parties. Rocky Mountain Mediation will then contact all parties to begin the process.

The parties agree that any agreement that may arise from mediation is binding. The parties understand that the process is confidential and that the mediator is neutral and has no authority to decide the outcome unless the parties mutually agree to convert the process to arbitration in which case any decision by the arbitrator is binding.

In the event that no agreement is reached on some or all issues within the mediation process, the outstanding issues may be litigated.

Webmaster | Contact | Privacy Policy| Email us | Terms and Conditions | (c) 2004 Rocky Mountain Mediation, inc