If any dispute arises out of, or relates to, any term of, or performance under, any aspect of this contract or agreement, or the alleged breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute through mediation with ADR Options, Inc., of Philadelphia, Pennsylvania, before resorting to litigation, arbitration or other forms of alternative dispute resolution.
Such mediation shall commence within sixty (60) days after any party to the contract or agreement submits a written communication to ADR Options, Inc., requesting a mediation to resolve a dispute.
The parties to the dispute are provided with the current ADR Options, Inc., panel of mediators/arbitrators. They will mutually agree on one mediator from the current panel. In the event that the parties cannot agree on a mediator, ADR Options, Inc. will appoint a mediator, or with the parties participation, use a numeric ranking method to select the mediator. Unless agreed otherwise, the parties to the dispute will share the cost for the mediation equally.
If the parties are not able to resolve their dispute through mediation, they agree to submit the matter to ADR Options, Inc., for resolution through binding arbitration. The arbitrator or arbitrators will be chosen as delineated in paragraph three of this clause. Discovery is allowed prior to the arbitration, but the arbitrator will have authority to expedite the discovery and the arbitration. In no case may a mediator who has mediated a claim serve as the arbitrator on the same claim. The arbitration will be conducted according to the current ADR Options, Inc., Rules of Procedure.
*This clause is not intended and should not be considered as providing legal advice or opinion. consult an attorney prior to using this clause. Please contact us if you insert our clause into any contract (215) 564-1775. Please contact us to discuss the use of other forms of dispute resolution clauses or to modify this clause to suit your specific needs.