Model Clauses

Mediation Clause

“The parties elect mediation as a prior and compulsory means of solution to any disputes that may arise between them, arising out of or related to this contractual relationship, including those relating to the interpretation, validity, effectiveness, implementation and any form of termination of this contract and expressly agree that the mediation procedure will be administered by Mediare, according to the provisions of its Ethical Standards rules and Mediation Procedural in effect on the date of the initiation of the procedure.

If the attempt at consensus not logre successful mediation and the parties agree to refer the dispute to court or arbitration protection, may at any time, although initiation of the judicial or arbitral proceedings resume the mediation procedure, in which case require the judge or the referee to suspend the respective process for sufficient time for the consensual solution to the conflict.”


Med-Arb Clause

“If the dispute has not been settled within the agreed time in the Participation Agreement signed for the commencement or resumption of mediation, the dispute shall be submitted for resolution by arbitration, to be administered by / a (naming the Arbitration entity) applying the corresponding Arbitration Rules. “