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Model Mediation/Arbitration Agreement

The following agreement may be used to submit a dispute to mediation and, if necessary, legally binding arbitration. Additional agreements and forms designed for Christian conciliation are contained in the Model Case Forms for Christian Conciliation (available from Peacemaker Minsistries). Please seek legal counsel before using or modifying any language from this sample agreement.

SPECIAL WEB NOTE: This document is for informational purposes only. To officially request assistance from Peacemaker Ministries, please submit a request for conciliation assistance by clicking here.

We, the undersigned parties, are presently involved in a dispute with one another, and we hereby submit the issues described on the attached exhibit for mediation and, if necessary, legally binding arbitration before _______________, who/which shall be considered to be the "Administrator" for the purposes of this Agreement.

We have received and read the Rules of Procedure for Christian Conciliation (Rules) of the Institute for Christian Conciliation™ (a division of Peacemaker® Ministries), which are incorporated into this agreement by reference and which we agree to follow. (We understand that the Institute is not directly involved in this case and has no control over or responsibility for the conciliation process.) In particular, subject to the more detailed provisions of the Rules, we acknowledge and agree that:

1. One or more conciliators will be nominated by the Administrator for our approval.

2. The conciliators will first attempt to assist us in reaching a voluntary settlement of this dispute through mediation. If we are unable to agree on a settlement, the conciliators may, at their discretion, issue an advisory opinion, which shall not be legally binding. If we are still unable to agree on a settlement, we agree to proceed to legally binding arbitration.

3. If we proceed to arbitration, a new panel of conciliators shall be appointed to serve as arbitrators, unless we unanimously agree to retain the original conciliators. We will abide by and perform any decision rendered by the arbitrators, and we agree that such a decision may be entered as a judgment of a court of competent jurisdiction. We realize that arbitration will be the exclusive remedy for this dispute and that we may not later litigate these matters in civil court.

4. We understand that neither the Administrator nor any conciliators, including those who happen to be attorneys, will provide any of us with the kind of legal advice or representation we would receive from a privately retained attorney. Furthermore, no conciliator, regardless of training or expertise, will be expected to provide any of us with the kind of advice or services that we would receive from an independent professional.

5. We agree to protect the confidentiality of this process and will not discuss these matters with people who do not have a necessary interest in them. Furthermore, we agree to treat all dealings with the Administrator in regard to this dispute as settlement negotiations, and we agree that all communications with the Administrator shall be inadmissible in a court of law or for legal discovery.

(Document should be signed and dated.)

Adapted from Guidelines for Christian Conciliation, ver 4.5 (3/05)

 

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