Sample Mediation Clause

Printer-friendly versionPrinter-friendly version

Disclaimer:  This sample clause is provided with the understanding that Colorado Mediators & Arbitrators is not rendering any legal or other professional service.  No representation or warranty is made concerning the application of the legal or other principles in this clause to any specific fact situation, nor is any prediction made concerning how any particular judge, arbitrator or other official will interpret or apply this clause. The proper use or application of this clause is a matter for the considered judgment of the individual legal practitioner, and the author and Colorado Mediators & Arbitrators disclaim all liability therefore.  Attorneys dealing with specific legal matters should also fully research current primary authorities.

Sample Mediation Clause

The Parties agree that any and all claims, controversies, breaches or disputes arising from or related to this Agreement, including those pertaining to the formation, construction, performance, applicability, interpretation, or enforceability of this Agreement is subject to a requirement to mediate prior to filing any lawsuit or filing for arbitration.  The mediation shall take place in the County of Denver, State of Colorado utilizing a mediator provided by Colorado Mediators & Arbitrators|COMA.  The mediation proceedings will be conducted under the Mediation Procedural Rules of Colorado Mediators & Arbitrators in effect at the time a demand for mediation is made.  The Parties agree that there is no requirement to actually reach a settlement to the dispute in mediation, but agree that if a settlement is reached during mediation it shall be reduced to writing and shall be binding upon the parties, their heirs, executors, administrators, successors and assigns.

COMA_Admin's picture