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Draft contract clause calling for a neutral
convening
The following is a sample clause which is
part of a larger multi-step dispute resolution process calling for
negotiation, a neutral convening and then arbitration if needed.
"Convening Meeting. If efforts to resolve
the Dispute through negotiations fail, the Parties agree to attend a
Convening Meeting (as described below), facilitated by a knowledgeable
mediator, to discuss whether alternate dispute resolution methods, other
than arbitration, could be used to resolve the Dispute. Either Party may
demand a Convening Meeting regarding a Dispute by sending written notice
to the other Party. For such a Convening Meeting, the Parties agree that
they will jointly select the mediator, schedule a Convening Meeting in
[Location] at a mutually acceptable time, and will equally share the
mediator's fees. Each Party agrees to attend such a meeting for at least
[time] hours, but is free to withdraw from the Convening Meeting after
attending for that time period. The Parties anticipate that such a
Convening Meeting, among other things, would include discussion of the
following: (a) The mode of proceeding further (for example, mediation,
neutral evaluation, use of a neutral expert, mini-trial, etc.); (b) A
procedure and schedule for exchange of documents and other information
related to the Dispute; (c) Ground rules and a schedule for conducting the
selected mode of proceeding; and, (d) Selection and compensation of the
neutral (if any). If it appears that the Parties will proceed to
[litigation/arbitration], the Parties may also ask the mediator to facilitate
discussions among the Parties that could (a) narrow and focus the issues that
need to be [litigated/arbitrated} and (b) expedite the [litigation/arbitration]
and discovery. No earlier than ninety (90) days after the demand by
either Party for a Convening Meeting, either Party may initiate [(litigation)(arbitration)] in accordance with Section
__ below."
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