For use with the Solomaris Mediation Rules.
Section 1 is a standalone mediation clause. Section 2 is the multi-tier clause — mediation first, arbitration if mediation fails — which is the recommended default for most commercial agreements.
“Any dispute, controversy, or claim arising out of or relating to this Agreement shall first be referred to mediation administered under the Solomaris Mediation Rules in force at the time the Request for Mediation is filed, which Rules are deemed incorporated into this clause by reference.”
Mediation first, with a defined time limit; arbitration under the Solomaris Arbitration Rules if mediation does not produce a settlement within that time.
“The parties shall first attempt to resolve any dispute, controversy, or claim arising out of or relating to this Agreement by mediation administered under the Solomaris Mediation Rules. If the dispute is not resolved by mediation within [30] days of the Request for Mediation, or such longer period as the parties agree in writing, the mediation shall be deemed concluded without settlement under Article 12 of the Solomaris Mediation Rules, and either party may thereafter refer the dispute to arbitration administered by Solomaris Arbitration under the Solomaris Arbitration Rules.”
Under Article 7.2 of the Solomaris Mediation Rules, the parties normally select a Mediator jointly. Parties who would rather remove that negotiation can pre-agree to a VRF-assisted draw instead.
“The parties agree that the Mediator shall be selected by verifiable random function from the Solomaris certified roster under Article 7.2 of the Solomaris Mediation Rules, rather than by joint selection.”
Article 15.4 of the Solomaris Mediation Rules requires a settlement agreement to state expressly whether the parties intend Singapore Convention enforceability.
“The parties intend any settlement agreement reached under this clause to be enforceable under the United Nations Convention on International Settlement Agreements Resulting from Mediation (2019) in any state that has ratified it, in addition to any other means of enforcement available under the Solomaris Mediation Rules.”
“The parties do not intend any settlement agreement reached under this clause to be enforceable under the United Nations Convention on International Settlement Agreements Resulting from Mediation (2019), and rely instead on the consent-Award route under Article 14 of the Solomaris Mediation Rules for cross-border enforcement.”
Given that Singapore Convention ratification is currently much narrower than New York Convention ratification, most parties are better served by pre-authorizing the more reliable consent-Award route in advance.
“The parties agree in advance that, at the request of either party, any settlement agreement reached under this clause may be submitted to a sole arbitrator and recorded as a consent Award under Article 23 of the Solomaris Arbitration Rules, notwithstanding that no dispute may yet have been referred to arbitration.”
This is a first working edition. It is not legal advice and has not been reviewed by counsel admitted in any jurisdiction of intended enforcement.