Post details: Should Your Business Contracts Include Pre-Suit... Mediation?

January 5, 2010

Permalink 10:41 pm, by Christopher HOPKINS Email , 228 views

Should Your Business Contracts Include Pre-Suit... Mediation?

Yes, according to a recent Florida Bar Journal Article. In the January 2010 issue, attorney Mike Christiansen proposes "Five Compelling Reasons to Build a Presuit Mediation Clause Into Your Business Contracts." The article is here.

Christiansen proposes a fairly solid pre-suit mediation clause:

Disputes arising under this Agreement must first be mediated by a Supreme Court Certified Circuit Civil Mediator in _________County, Florida. The parties agree that the mediation shall occur within thirty (30) days of the date mediation is requested by either party. The Mediator shall be agreed upon but if the parties are unwilling or unable to agree, the parties agree that a Mediator from __________(insert the name of any legitimate mediation company in the pertinent venue) shall be binding on the parties. The parties agree to abide by the Mediator’s Agreement, pay Mediator fees promptly and share them on an equal basis. Litigation may not be commenced until after mediation has been (i) declared an impasse by the Mediator or (ii) terminated in writing by one or both of the parties. The confidentiality provisions of the “Mediation Confidentiality and Privilege Act” shall attach to any such presuit mediation.

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