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Sample Mediation Clause

Sample mediation clause language may be used when drafting contracts.

  The parties have entered into this Agreement as persons who know and trust one another, and this trust is material to their decision to enter into this Agreement. As a result, if any dispute, claim or controversy ("dispute") arises between them, unless otherwise provided in this Agreement, they agree that they will first attempt to resolve the dispute by entering into mediation with a mediator selected from the Panel Members of Colorado Mediators & Arbitrators, LLC (hereafter "CoMA") . If mediation fails to resolve the dispute, the parties agree that any and all claims, controversies or disputes arising from or related to this Agreement, including, but not limited to those claims, controversies or disputes pertaining to the formation, construction, performance, applicability, interpretation, enforceability, or breach of this Agreement, or any claim or assertion that all or part of this Agreement is void or voidable, shall be settled by binding arbitration according to the rules of CoMA. Further, venue for the arbitration proceeding shall be in Denver, Colorado. The Parties hereto also agree that any award tendered by the arbitrator may be entered as a judgment in any court in Colorado and enforceable as an order of said court and the Parties hereby submit to the venue and jurisdiction of that court for purposes of enforcement of any arbitration award.  

 

Disclaimer: The above sample clause is applicable to contracts interpreted pursuant to Colorado law. It is for informational purposes only and is not intended to constitute legal advice. Please consult with your legal advisor for specific language applicable to your contracts.

 

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