Model Clauses

MCN’s model clauses provide specific sample language that can be used, as relevant, in specific situations. MCN’s clause selection and completion tools can help you determine the appropriate clauses for your exact needs. You may contact our case managers for more details on our model clauses that make life easier for disputing parties under contract.

Simple Mediation Clauses

SIMPLE MEDIATION CLAUSE

The parties mutually agree that any dispute, controversy or claim arising out of or relating to this contract shall be referred to mediation at The Mediation and Conciliation Network (MCN) under the MCN Rules of Mediation, 2017 as may be modified or revised from time to time or to any other Institution agreeable to all the Parties. In the event the parties are unable to resolve such dispute(s) within [-] days of commencement of the mediation, which time limit is extendable by mutual agreement, they will be free to resort to any other form of dispute resolution as is available to them.

MEDIATION CLAUSE PLUS REFERENCE TO COURT/ARBITRATION IN PARALLEL

The parties mutually agree that any dispute, controversy or claim arising out of or relating to this contract shall first be referred to mediation at The Mediation and Conciliation Network (MCN) under the MCN Rules of Mediation, 2016 as may be modified or revised from time to time or to any other Institution agreeable to all Parties.

Commencement of a mediation will not prevent the parties from parallely commencing or continuing [court proceedings OR arbitration].

MEDIATION AS THE FIRST STEP PRIOR TO LITIGATION

The parties mutually agree that any dispute, controversy or claim arising out of or relating to this contract shall first be referred to mediation at The Mediation and Conciliation Network (MCN) under the MCN Rules of Mediation, 2016 as may be modified or revised from time to time, or at any other Institution agreeable to all the Parties. In the event the parties are unable to resolve such dispute(s) within [-] days of commencement of the mediation, which time limit is extendable by mutual agreement, then the parties agree that the dispute(s) will be submitted for adjudication to the Courts with appropriate jurisdiction.

Construction Project Clauses

1. Design and Construction Phase

a. Project Neutral

The Owner, Architect and Contractor (collectively, the “Parties”) shall agree to the selection of one or more Project Neutral(s) for the Project. The Project Neutral(s) shall be experienced both in the design and construction of major real estate developments as well as the mediation of design and construction disputes. The Parties shall select the Project Neutral(s) from among the members of the construction panel of MCN or from other panels as mutually agreed to by the Parties.

The Project Neutral(s), in close consultation with all parties involved in a given dispute (the “Involved Parties”), shall assist in resolving any disputes, claims, or other controversies that might arise from the commencement of design through issuance of the final certificate of occupancy and acceptance of the Project by the Owner. The Project Neutral(s) shall have no adjudicatory authority and, therefore, shall act solely as a mediator in working with the Involved Parties.

If requested in writing by the Involved Parties, the Project Neutral(s) shall attend the regular job meetings at the site of the Project. Also, if requested by the Involved Parties, the Project Neutral(s) shall: (1) attempt to be available to attend any specific job-related meeting, and (2) attempt to be available to confer or meet with any Involved Party or Parties if so requested.

If the services of the Project Neutral(s) are retained, they shall be provided on an hourly basis and the cost shall be borne in equal parts by the Involved Parties which may include the Owner, Architect, Contractor, and any other necessary parties, including, but not limited to, consultants, subcontractors, sub-subcontractors, and suppliers (collectively, “Subcontractors”) except as agreed to in writing between any Subcontractor and the parties.

The confidentiality of any discussion involving the Project Neutral(s) shall be protected by all applicable statutes and case law with respect to mediation.

The term of service by the Project Neutral(s) shall end when the design and construction phases of the Project are complete. The Project Neutral(s) may be involved in subsequent dispute resolution negotiations or proceedings under the terms and conditions set forth herein.

Employment Dispute Resolution Clauses

The following are basic sample clauses providing for mediation or arbitration in an employment contract. A variety of issues may affect the enforceability or effectiveness of these sample clauses, therefore it is recommended that you review applicable law in your jurisdiction and consult experienced counsel for advice. The information contained herein should not be considered legal advice or legal opinion. For information about naming MCN in your program or setting a case, call your local MCN office at

Sample clause for mediation only:

Any controversy, dispute or claim arising out of or relating to this [contract] or breach thereof shall first be settled through good faith negotiation [OR company employment program] [other]. If the dispute cannot be settled through negotiation [OR company employment program] [other], the parties agree to attempt in good faith to settle the dispute by mediation administered by MCN.

Sample clause for mediation and arbitration:

Any controversy, dispute or claim arising out of or relating to this [contract] or breach thereof shall first be settled through good faith negotiation [OR company employment program] [other]. If the dispute cannot be settled through negotiation [OR company employment program] [other], the parties agree to attempt in good faith to settle the dispute by mediation administered by MCN. If the parties are unsuccessful at resolving the dispute through mediation, the parties agree to arbitration administered by MCN pursuant to its Employment Arbitration Rules & Procedures and subject to MCN Policy on Employment Arbitration Minimum Standards of Procedural Fairness. Judgment on the Award may be entered in any court having jurisdiction.

OPTIONAL ADDITIONAL PROVISIONS FOR EMPLOYMENT CLAUSES

Mediation

  • Define Process for Mediator Selection
  • Mediator Qualifications
  • Define Timeline by which parties must agree to a Mediator
  • Define default mechanism and timeline by which
  • Mediator will be appointed if parties cannot agree
  • Confidentiality
  • Location of Mediation
  • Written Submission of Briefs or Position Statements

Arbitration

  • Define Process for Arbitrator Selection
  • Number of Arbitrators
  • Party-Appointed Arbitrators
  • Arbitrator Qualifications
  • Binding/Non-binding or Split (Binding on the company, non-binding on the employee)
  • Location of Arbitration Proceeding
  • Timelines
  • Confidentiality
  • Fee Allocation