SUGGESTED MEDIATION CLAUSE

We suggest including a mediation clause in virtually all contracts. Including a mediation clause ensures that, should a dispute arise, the parties will be obliged to try mediation first, before accelerating their conflict to a more adversarial level. Feel free to adapt this template for your use:

The parties hereto agree that any and all disputes, claims or controversies arising out of or relating to this Agreement shall be submitted to Center Stage Mediation Services LLC (“Center Stage”), 805 Third Avenue, 19 th Floor, New York, New York 10017, (212) 213-1150, www.centerstagemediation.com, for mediation, in accordance with the mediation procedures of Center Stage, as amended and then in effect. The parties further agree that their respective participation in mediation is a condition precedent to pursuing any other available remedies, at law or in equity, in connection with this Agreement, including, without limitation, arbitration, litigation or other dispute resolution procedures.

Either party may commence mediation by providing to each of Center Stage and the other party written notice, setting forth the subject of the dispute, claim or controversy and the relief requested. The parties covenant that they will participate, in good faith, in the mediation, and that they will share equally in the costs and expenses thereof (which shall not include the costs or expenses incurred by a party for legal representation in connection with the mediation ). The parties hereby acknowledge and agree that any and all agreements reached during the course of mediation shall be binding upon both parties.

The parties further acknowledge and agree that mediation proceedings are settlement negotiations, and that, to the extent allowed by applicable state law, all offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties or their respective agents, employees, experts and attorneys, and by Center Stage or any of its agents, employees, members or managers are confidential and inadmissible in any arbitration or other legal proceeding involving the parties; provided, however, that evidence which is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

The provisions of this Section may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including reasonable attorneys’ fees, to be paid by the party against whom enforcement is ordered.