The dispute resolution clause outlines the methods by which any disagreements arising from a contract will be managed, specifying procedures such as negotiation, mediation, arbitration, or litigation. This clause aims to provide a clear framework for resolving conflicts efficiently, thus minimizing potential disruptions to the contractual relationship.
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20 Dispute resolution examples
Description
We believe this is enforceable under federal law and the state of Georgia as it not only clear and unambiguous, but it clearly states, multiple times, that the Member is waiving his/her right to bring a claim in a court of law before a judge or a jury. The Alternative Dispute Resolution Act (1998) requires all federal district courts to authorize and promote the use of alternative dispute resolution programs. Although we do believe that our Alternative Dispute Resolution will be acceptable under the laws of the state of Georgia, it should be noted that the Georgia Supreme court does have a history of rejecting the use of mandatory dispute resolution clauses in operating agreements if the dissolution does not “arise out of, in connection with or relate to the terms of the operating agreement or any alleged breach thereof.” Simmons Family, 2010 Ga. App. LEXIS 1116, at *4. Therefore, it is possible that our Alternative Dispute Resolution requirements could be successfully challenged in a state court in the state of Georgia.
Agreement to Arbitrate All Disputes. “PMF” and “Merchant” agree that any Dispute shall be resolved by final and binding arbitration. The term “Dispute” is defined in the broadest possible manner and includes any and all claims or controversies arising out of or in any way related to this Agreement, Security Agreement and/or guaranty (collectively “Agreement”) or the relationship between PMF and Merchant, whether arising from or relating to the Agreement itself, or arising from alleged extra-contractual facts prior to, during, or subsequent to the Agreement, and whether involving claimed grounded in contract, tort, or other theory of law or equity. Dispute also includes any and all claims or controversies concerning the scope, validity, and enforceability of this Arbitration and Dispute Resolution provision. The Parties agree to arbitrate all threshold questions of arbitrability, including but not limited to whether this Arbitration and Dispute Resolution provision is enforceable. The phrase “Arbitration and Dispute Resolution provision” shall refer to the entire Section 5 (5.1-5.13).
Governing Law. This Arbitration and Dispute Resolution provision shall be governed by the Federal Arbitration Act, 9 U.S.C. SECTION 1-16 (“FAA”). In the event a final, binding, and non-appealable judgment finds that the FAA does not apply, this Arbitration and Dispute Resolution provision shall be governed by the arbitration law of the State of New York. All Disputes other than Disputes over this Arbitration and Dispute Resolution shall be governed by the substantive law of the State of New York, regardless of the rules of conflict of laws and regardless of the legal theory which such matter is asserted.
Arbitration proceedings will be governed by the commercial arbitration rules and procedures of the selected arbitration organization or arbitrator, except to the extent such rules and procedures contradict the terms of this Arbitration and Dispute Resolution provision, including the limitations on the arbitrator above and below. Merchant must send any arbitration demand and notice of intent to arbitrate to PMF, c/o its attorneys, Joseph I. Sussman, P.C., 333 Pearsall Ave, Suite 205, Cedarhurst, NY 11516.
Who May Enforce this Arbitration Provision. For purposes of this Arbitration and Dispute Resolution provision, “Merchant” refers to Merchant and Merchant’s heirs, successors, assigns, personal representatives, guardians, and/or bankruptcy trustees. For purposes of this Arbitration and Dispute Resolution provision, “Merchant” also refers to Guarantor and Guarantor’s heirs, successors, assigns, personal representatives, guardians, and/or bankruptcy trustees. For purposes of this Arbitration and Dispute Resolution provision “PMF” refers to PMF and PMF’s employees, agents, directors, officers, shareholders, governors, managers, members, parent companies, subsidiaries, affiliated entities, attorneys, predecessors, successors, assigns, heirs, and successors. PMF does not consent, and nothing in this Arbitration and Dispute Resolution provision shall be deemed a consent by PMF, to arbitrate any dispute with any person or entity other than Merchant, as defined herein.
Survival and Severability of Arbitration and Dispute Resolution. This Arbitration and Dispute Resolution provision will survive: (1) termination or changes in this Agreement; (2) any change in the relationship between PMF and Merchant; (3) the bankruptcy of PMF or Merchant; and (4) any transfer, sale, or assignment of this Agreement. If any part of this Arbitration and Dispute Resolution is held invalid, the remainder shall remain in full force and effect. That notwithstanding, if any final, binding, and non-appealable judgment finds that this Arbitration and Dispute Resolution provision cannot be enforced without permitting class arbitration or consolidated proceedings, the entirety of the Parties’ arbitration obligations under the Arbitration and Dispute Resolution provision shall be null and void and neither PMF nor Merchant shall be entitled to arbitrate claims or Dispute. Any judgment finding that this Arbitration and Dispute Resolution provision cannot be enforced without permitting class arbitration or consolidated proceedings shall not be binding in any proceedings involving persons or entities who were not parties to that judgment. The decision of any Party not to demand compliance with any portion of this Arbitration and Dispute Resolution provision shall not waive the Party’s right to demand compliance with any other portion of this Arbitration and Dispute Resolution provision.
Arbitration Carve-Out / Permitted Court Action. Notwithstanding the arbitration obligations set forth in this Arbitration and Dispute Resolution provision, the Parties shall be permitted to seek and obtain monetary relief, in aggregate, up to an amount equal to the Purchase Amount plus an additional 40% thereof, by filing and maintaining and individual (i.e. bilateral; not class, joined, or consolidated) court action concerning a Dispute in a state or federal court located in the State and City of New York (“Permitted Court Action”). Merchant and Guarantor consent to the jurisdiction of those particular courts, and expressly waives any objection based on forum non conveniens, and agrees that such courts shall be the exclusive forum for any Permitted Court Action concerning any Dispute, notwithstanding that other courts may have jurisdiction over the parties and the subject matter.
Merchant and Guarantor may each negotiate on the Arbitration and Dispute Resolution provisions, or the jury trial or class action waiver, or other waiver provisions of this Agreement, by providing a written notice signed by such Party stating the particular provision(s) it/he/she wishes to negotiate on, provided that such notice is delivered to PMF no later than 24 hours following the negotiating party’s execution of this Agreement, and further provided that the notice is delivered via email to the following email address: [email protected] with the following words in the subject: “Request to Negotiate Terms of Agreement.” PMF will not honor any request under this provision unless the above-stated conditions are strictly complied with.
9.1 Mediation Procedures. In the event that a dispute arises with respect to the provisions of this Agreement or the validity, interpretation, performance, breach or termination of the Agreement, then at the written request of either Party (the "Aggrieved Party"), such dispute shall be submitted to Judicial Arbitration and Mediation Service ("JAMS") pursuant to the procedures set forth in this Paragraph 9, for an expedited dispute resolution proceeding pursuant to the procedures set forth below (an "Expedited Dispute Resolution Proceeding"). The Expedited Dispute Resolution Proceeding shall take place in New York, NY and all such proceedings (including the existence of the dispute, the Expedited Dispute Notice and the Response) shall remain strictly confidential.
9.2 An Aggrieved Party shall submit a request to JAMS for an Expedited Dispute Resolution Proceeding to resolve such dispute upon written notice being served by the Aggrieved Party on the other Party and the JAMS office in New York, NY, setting forth, with reasonable particularity, a statement of the Aggrieved Party's position, a summary of arguments supporting that position (an "Expedited Dispute Notice"). Within five (5) Business Days after service of the Expedited Dispute Notice, the receiving party shall submit to the JAMS office a written response to such Expedited Dispute Notice setting forth, with reasonable particularity, a statement of the receiving party's position and a summary of arguments supporting that position (the "Response"). Absent good cause, the parties to such Expedited Dispute Resolution Proceeding shall not be permitted to make any additional submissions.
9.3 As soon as it receives the Expedited Dispute Notice, JAMS shall choose a single mediator (the "Mediator") to hear and decide the Expedited Dispute Resolution Proceeding by selecting, based upon availability, from the list of agreed upon neutral mediators which the Parties will provide to JAMS. In the event none of such mediators are available, the parties to such Expedited Dispute Resolution Proceeding agree to allow JAMS to select, from its list of New York, NY based neutrals, a mediator who, in the sole discretion of JAMS, has adequate qualifications. Following the submission of the Response, the Mediator shall hear oral argument from the parties subject to the dispute. The parties to such dispute and the Mediator shall use their best efforts to cause the Expedited Dispute Resolution Proceedings to be completed, including oral argument, and for the Mediator to render a reasoned final decision no later than five (5) Business Days after the service of the Response (each an "Expedited Decision").
9.4 All costs and fees due and owing to JAMS and the Mediator associated with an Expedited Dispute Resolution Proceeding shall be split evenly between the parties to such dispute and paid when due. In the event any Party to such dispute shall not pay its share of the costs and fees owed to JAMS and the Mediator, the Mediator shall have the authority to declare a default against such party that has not paid it share of such costs and fees. In the event, however, a party is determined by the Mediator to be the "prevailing party" in any Expedited Dispute Resolution Proceeding, the non-prevailing Party in such Expedited Dispute Resolution Proceeding shall promptly reimburse its proportionate share of all costs and reasonable attorneys' fees (including, without limitation, costs and reasonable attorneys' fees billed by the prevailing party's counsel, JAMS' costs fees and fees and costs billed by the Mediator) incurred by the prevailing party.
9.5 The Parties hereby agree to be bound, abide by and comply with all Expedited Decisions. Notwithstanding the foregoing, to the extent a Party to an Expedited Dispute Resolution Proceeding with respect to a dispute disagrees with and desires to appeal any Expedited Decision, such party shall have the right to initiate Arbitration within five (5) Business Days following the issuance of the Expedited Decision; provided, that such party is in full compliance with, and continues to be in compliance with, all of its obligations in the Expedited Decision through and including such time as the Arbitration is decided.
This section describes the Thrivent Member Dispute Resolution Program (MDRP). Members of Thrivent agree, by virtue of becoming members, that the MDRP, as amended from time to time within Thrivent’s Articles of Incorporation and Bylaws, will be the sole means to present and resolve grievances, complaints or disputes between members, insureds, certificate owners or beneficiaries and Thrivent and its directors, officers, agents, and employees with respect to any claims arising out of or relating to products members purchase from Thrivent. As a result, claims arising out of or related to a member’s Contract, as described in this prospectus, cannot be pursued against Thrivent, its directors, officers, agents and/or employees in state or federal court or in other forums including Financial Industry Regulatory Authority (FINRA) arbitration and mediation. Instead, Thrivent members will be required to pursue such claims through the MDRP exclusively.
1.5 SURVIVAL. This Dispute Resolution Provision shall survive any termination, amendment or expiration of this Agreement, or any other relationship between the parties.
SECTION 2. Arbitration IF JURY WAIVER UNENFORCEABLE (EXCEPT CALIFORNIA). If (but only if) a state or federal court located outside the state of California determines for any reason that the jury trial waiver in this Dispute Resolution Provision is not enforceable with respect to a Dispute, then any party hereto may require that said Dispute be resolved by binding arbitration pursuant to this Section 2 before a single arbitrator. An arbitrator shall have no authority to determine matters (i) regarding the validity, enforceability, meaning, or scope of this Dispute Resolution Provision, or (ii) class action claims brought by either party as a class representative on behalf of others and claims by a class representative on either party’s behalf as a class member, which matters may be determined only by a court without a jury. By agreeing to arbitrate a Dispute, each party gives up any right that party may have to a jury trial, as well as other rights that party would have in court that are not available or are more limited in arbitration, such as the rights to discovery and to appeal.
The Company and each Covered Executive hereby incorporate by reference into this Policy that certain Dispute Resolution Agreement previously entered into by the Company (or one of its current direct or indirect subsidiaries) and such Covered Executive, as such agreement may be amended from time-to-time (the “Dispute Resolution Agreement”), and agree that any and all disputes arising under this Policy are subject to and governed by the Dispute Resolution Agreement; provided, however, that Company and each Covered Executive reserve the right to seek temporary or preliminary injunctive relief in court, in which case such parties agree that such injunctive relief shall be granted in court to preserve the status quo pending a resolution on the merits in arbitration. Each Covered Executive agrees that in connection with any application for injunctive relief, discovery shall be conducted on an expedited basis. Each Covered Executive further agrees that, in any proceeding alleging application of this Policy, the Company shall have the right to conduct forensic examinations of any computers and/or electronic devices in the Covered Executive’s possession or control, if the Company reasonably believes such devices contain Confidential Information (as defined in the Dispute Resolution Agreement).
DISPUTE RESOLUTION PROVISION. This Dispute Resolution Provision contains a jury waiver, a class action waiver, and an arbitration clause (or judicial reference agreement, as applicable), set out in four Sections. READ IT CAREFULLY.
This dispute resolution provision shall supersede and replace any prior “Jury Waiver,” “Judicial Reference,” “Class Action Waiver,” “Arbitration,” “Dispute Resolution,” or similar alternative dispute agreement or provision between or among the parties.
1.2 “DISPUTE” defined. As used herein, the word “Dispute” includes, without limitation, any claim by either party against the other party related to this Agreement, any Related Document, and the Loan evidenced hereby. In addition, “Dispute” also includes any claim by either party against the other party regarding any other agreement or business relationship between any of them, whether or not related to the Loan or other subject matter of this Agreement. “Dispute” includes, but is not limited to, matters arising from or relating to a deposit account, an application for or denial of credit, warranties and representations made by a party, the adequacy of a party’s disclosures, enforcement of any and all of the obligations a party hereto may have to another party, compliance with applicable laws and/or regulations, performance or services provided under any agreement by a party, including without limitation disputes based on or arising from any alleged tort or matters involving the employees, officers, agents, affiliates, or assigns of a party hereto.
Dispute resolution refers to the array of processes used to resolve disagreements or conflicts between parties. It aims to provide a fair outcome without resorting to litigation and can include a variety of methods such as negotiation, mediation, arbitration, and conciliation. These methods offer alternatives to court and can be used to settle both personal and commercial disputes.
When should I use Dispute Resolution?
You should consider using dispute resolution when:
Litigation is costly or time-consuming: Alternative methods often provide quicker resolutions at a reduced cost.
Privacy is a concern: Dispute resolution processes like mediation or arbitration can be conducted confidentially.
A continuing relationship is desired: Using non-adversarial methods helps preserve relationships, making them particularly suitable for commercial disputes.
Flexibility is needed: Different processes can be tailored to the specific needs of the parties involved.
How do I write a Dispute Resolution clause?
When writing a dispute resolution clause, it is important to:
Specify the method: Clearly outline which dispute resolution method will be used (e.g., negotiation, mediation, arbitration).
Define the process: Provide details on how the process will be initiated, including timeframes and applicable rules.
Choose the forum and applicable law: Indicate the geographical location and the legal framework that will govern the resolution process.
Confidentiality agreements: Include terms to ensure the privacy of the proceedings.
Example:
“In the event of a dispute arising out of or relating to this contract, the parties agree to first attempt resolution through unbiased mediation before escalating to arbitration in accordance with the rules of the International Chamber of Commerce.”
Which contracts typically contain Dispute Resolution clauses?
Dispute resolution clauses are commonly found in the following types of contracts:
Commercial Contracts: Ensures disputes are settled outside of court to maintain business relationships.
Employment Agreements: Helps handle workplace disputes through mediation or arbitration.
Construction Contracts: Provides mechanisms for resolving disputes related to project timelines, quality of work, and payments.
International Trade Agreements: Facilitates the resolution of cross-border disputes to prevent lengthy and complex litigation.
By including a well-crafted dispute resolution clause, parties can gain more control over how disputes are managed, often leading to more amicable and efficient solutions.
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