Many companies, nonprofit organizations and individuals are finding out that mediation and other forms of alternative dispute resolutions (ADR) such as arbitration, Med-arb, binding mediation and non-binding arbitration, are more efficient methods of resolving disputes.
Disputes involving employees, competitors, customers, volunteers and members of your community, can greatly impact you and your organization. Choosing mediation or some other form of ADR can help you save time and money and preserve valuable relationships. If you are interested in joining the ranks of organizations who mediate before they litigate, consider adopting a mediation pledge and using a mediation or ADR clause in your contracts and agreements. Stay in control of how disputes affect you, your organization, your reputation and your community.
Sample Mediation Clause
Mediation:
Any disputes that arise out of this agreement between the Client/Customer/Volunteer and the Company/Organization relating to services, billing, products/reports, financial matters or other such interaction with this organization, shall be mediated prior to litigation or other dispute resolution methods. Unless otherwise agreed in writing by the parties, both parties shall share the cost of the mediation equally. The mediator shall be chosen from the Tennessee Rule 31 Certified Mediator list and shall be agreed upon by both parties. Since mediation is a voluntary process, either party may initiate the mediation process.
Sample Mediation Pledge
We recognize that for many individuals and organizations the cost of conflict can be great. We affirm that in many instances there is a less expensive, often more effective method of resolution than the traditional lawsuit. Alternative dispute resolution (ADR) processes such as mediation often spare businesses, individuals and community groups the high costs of litigation, preserve relationships and result in solutions and agreements with many benefits not available through a traditional court adjudicated matter. In recognition of these considerations, we adopt the following statements on behalf of our business and organization.
In the event of a dispute between our organization and another company, individual or organization, and if that person also commits to use of the ADR process of mediation, we are prepared to explore with that other party resolution of that dispute via mediation before pursuing litigation or trial preparation. If either party believes that the dispute is not suitable for mediation or another ADR process such as Arbitration, Med-Arb, Arb-Med, Binding Mediation or Non-Binding Arbitration, or if such techniques do not produce results satisfactory to the parties, either party may proceed with litigation.
