SLIDE 9 Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation
Model Mediation Clause for Contracts
CMC has created three model mediation clauses, namely:
Model Mediation Clause Model MED-ARB Clause Model ARB-MED-ARB Clause
any of which may be incorporated by members in their contracts and agreements, according to their respective needs and preferences. As an illustration, a recommended MED-ARB Clause is as follows:
In case of any dispute arising out of or relating to this Agreement, including the alleged breach, termination, validity, interpretation and performance thereof (“Dispute”), the parties agree first to try in good faith to settle the Dispute by mediation under rules of an institutional mediation service provider such as Centre for Mediation and Conciliation (CMC), Mumbai, before resorting to or during arbitration, litigation, or some other dispute resolution procedure. The Dispute shall be referred to mediation within 30 days of issue of first notice of claims related to the Dispute by either/any party. In the event that parties are unable to agree on a mediator as per the rules of the institution, a mediator shall be appointed by the institutional mediation service provider. The process shall be confidential as per the rules and protocol of institutional mediation service provider or any other more stringent confidentiality obligations mutually agreed to by the parties. Alternatively, the parties may mutually agree to undertake conciliation as per the rules of any institutional mediation service provider, such as the CMC, Mumbai, so that the settlement agreement is enforceable as an arbitration award under Arbitration and Conciliation Act, 1996….
June 2018, Mumbai
