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Mandatory Mediation And Arbitration Agreement
"I need a Mandatory Mediation and Arbitration Agreement under Philippine law for a technology services company engaging multiple international contractors, with specific provisions for virtual mediation sessions and cross-border dispute resolution, to be implemented by March 2025."
1. Parties: Identification of all parties entering into the agreement, including their legal names, addresses, and contact details
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Key terms used throughout the agreement, including technical and legal terminology
4. Agreement to Mediate: Express agreement of the parties to submit disputes to mandatory mediation before arbitration
5. Mediation Process: Detailed procedures for initiating and conducting mediation, including timeframes and mediator selection
6. Agreement to Arbitrate: Express agreement to submit unresolved disputes to binding arbitration
7. Scope of Arbitration: Clear definition of what disputes are covered by the arbitration agreement
8. Arbitration Rules and Procedures: Specific rules governing the arbitration process, including tribunal composition and applicable procedural rules
9. Confidentiality: Provisions ensuring confidentiality of both mediation and arbitration proceedings
10. Costs and Fees: Allocation of costs for both mediation and arbitration processes
11. Governing Law: Specification of Philippine law as governing law and reference to relevant legislation
12. Execution: Signature blocks and execution formalities
1. International Disputes: Additional provisions for disputes involving international parties or cross-border elements
2. Multi-Party Proceedings: Specific procedures for cases involving multiple parties in mediation or arbitration
3. Emergency Relief: Procedures for seeking emergency interim relief before constitution of the arbitral tribunal
4. Expert Determination: Provisions for technical matters to be referred to expert determination
5. Language of Proceedings: Specification of language(s) to be used in proceedings when parties are from different linguistic backgrounds
6. Venue and Seat: Specific provisions about physical location of proceedings and legal seat of arbitration when not standard
7. Appeals Process: Optional provisions for appeals of arbitral awards where parties want additional review possibilities
1. Schedule A - Mediation Procedures: Detailed step-by-step procedures for the mediation process, including timelines and requirements
2. Schedule B - Arbitration Procedures: Detailed procedures for the arbitration process, including tribunal selection and hearing protocols
3. Schedule C - Fee Schedule: Detailed breakdown of administrative fees, mediator fees, and arbitrator fees
4. Schedule D - Required Forms: Standard forms for initiating proceedings, appointing mediators/arbitrators, and other procedural requirements
5. Appendix 1 - Mediator Code of Ethics: Standard ethical requirements for mediators in accordance with Philippine regulations
6. Appendix 2 - Arbitrator Code of Ethics: Standard ethical requirements for arbitrators in accordance with Philippine regulations
7. Appendix 3 - Model Confidentiality Agreement: Template confidentiality agreement for all participants in the proceedings
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