Wherever the right to contract is assured, you and the other
party can agree by contract to use eMediate as mediator and arbitrator
for any potential dispute. It is best if this agreement is in place
before any dispute arises. This is accomplished by simply adding the
paragraph in the box below, to all contracts before signing.
By doing this, you will keep your dispute out of public courts. Your
attorney may discourage this. Remember, many attorneys earn money by
filing lawsuits, which you want to avoid.
If you failed to have this Arbitration Clause in place in advance and
now find yourself in a dispute, it may not be too late. However, you
now need to convince your adversary to voluntarily agree to have
eMediate hear the issue. This could be more difficult, but may be
possible in the interests of economy, privacy and ease. If you find
yourself in this predicament, we may be able to help.
Click here for
our invitation widget.
If you are wise and want to prepare in advance, select
and copy the following clause and then paste it into
all of your contracts.
If you have any questions,
contact us here, or if you would like a free e-consultation,
contact here.
eMediate shall have exclusive authority to resolve any dispute
relating to the interpretation, applicability, enforceability
or formation of this contract including, but not limited
to any claim that all or any part of this contract is void
or voidable according to its rules current
at the time the dispute is filed. Any dispute or claim filed in a
public court or other private court is a breach of this contract
and is grounds for immediate dismissal
of the claim wrongly filed. A final decision and award by eMediate
is binding and can be filed wherever required to affect an end to the dispute and
secure just compensation. |
Sample Arbitration Clause to add to your contracts
Medical practitioners and others in a "superior role" of the relationship (see
Malpractice and
Validity of Contracts ) may be able to reduce voidability of their contract by adding the following clause (in addition to the clause above):
"Currently, there is no doctor / patient relationship between the parties. This contract merely contemplates initiation of that possible future relationship. Because there is no relationship, both parties are equal under the law (without any superiority or undue influence, presumed or actual). Part of the inducement (consideration) to enter into a future relationship, at the prices contemplated, is the offer and acceptance of this agreement for eMediate to arbitrate any dispute."
_______________________________
(signature)
|
Sample Arbitration Clause to add to your contracts
Agreement to Arbitrate