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Mediation Arbitration Clause for the United States

Mediation Arbitration Clause Template for United States

A Mediation Arbitration Clause is a dispute resolution provision that combines both mediation and arbitration processes in a sequential manner. Under U.S. law, particularly the Federal Arbitration Act, this clause requires parties to first attempt to resolve their disputes through mediation, and if unsuccessful, proceed to binding arbitration. This approach provides a structured pathway for dispute resolution while avoiding traditional litigation.

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Mediation Arbitration Clause

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What is a Mediation Arbitration Clause?

The Mediation Arbitration Clause is essential in modern U.S. commercial contracts where parties seek efficient, cost-effective dispute resolution methods. This clause combines the flexibility of mediation with the finality of arbitration, supported by the Federal Arbitration Act and state laws. It's particularly valuable when parties want to maintain business relationships while having a backup mechanism for definitive resolution. The clause typically specifies mediator and arbitrator selection processes, cost allocation, timeframes, and the transition process from mediation to arbitration if needed.

What sections should be included in a Mediation Arbitration Clause?

1. Scope of Application: Defines which disputes are subject to the mediation-arbitration process, including reference to Federal Arbitration Act and relevant state laws

2. Mediation Process: Details the initial mediation requirement, procedures, timelines, and confidentiality requirements under the Uniform Mediation Act

3. Arbitration Process: Specifies the arbitration procedures if mediation fails, including governing rules, venue, and jurisdictional requirements

4. Selection of Neutrals: Process for selecting qualified mediators and arbitrators, including required qualifications and replacement procedures

5. Costs and Fees: Allocation of mediation and arbitration expenses, including mediator/arbitrator fees, venue costs, and administrative expenses

What sections are optional to include in a Mediation Arbitration Clause?

1. Emergency Relief: Procedures for seeking emergency relief or interim measures before arbitration begins

2. Multi-Party Provisions: Special procedures for disputes involving multiple parties, including joinder and consolidation

3. International Provisions: Special considerations for international disputes, including choice of law and enforcement provisions

What schedules should be included in a Mediation Arbitration Clause?

1. Schedule A - Approved Mediator List: Pre-approved list of mediators agreed upon by the parties

2. Schedule B - Mediation Procedures: Detailed procedures and rules for conducting the mediation process

3. Schedule C - Arbitration Rules: Comprehensive arbitration rules and procedures to be followed

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Clauses






















Industries

Federal Arbitration Act: Primary federal law governing arbitration (9 U.S.C. ยงยง 1-16) - establishes the validity, enforceability, and irrevocability of arbitration agreements

Alternative Dispute Resolution Act: 1998 federal legislation requiring federal district courts to authorize the use of alternative dispute resolution in civil actions

Federal Rules of Civil Procedure Rule 16: Federal rule addressing pretrial conferences, scheduling, and case management, including provisions for ADR

State Arbitration Statutes: State-specific laws governing arbitration procedures and enforcement within each jurisdiction

Uniform Mediation Act: Model law adopted by many states providing consistent rules for mediation confidentiality and privileges

State Mediation Confidentiality Laws: State-specific legislation governing confidentiality protections in mediation proceedings

AT&T Mobility v. Concepcion: Supreme Court precedent upholding the enforceability of class action waivers in arbitration agreements

Epic Systems Corp. v. Lewis: Supreme Court decision reinforcing the enforceability of individual arbitration provisions in employment contracts

Henry Schein v. Archer & White Sales: Supreme Court case addressing the delegation of arbitrability questions to arbitrators

Enforceability Requirements: Legal standards for creating valid and enforceable mediation-arbitration clauses, including clear agreement terms and fairness provisions

Confidentiality Provisions: Requirements for protecting the confidentiality of both mediation and arbitration proceedings

Jurisdiction and Venue Rules: Legal requirements for specifying where mediation and arbitration proceedings will take place and which laws will govern

Appeals Process Requirements: Legal framework governing the scope and limitations of appealing arbitration decisions

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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