Mediation

Model Clauses

Mediation Clause for Contracts

"All disputes, controversies or differences arising out of or in connection with this contract shall be first referred to mediation in [city name], [country name] in accordance with the Commercial Mediation Rules of the Japan Commercial Arbitration Association."

Mediation Agreement after Dispute Arises

"The parties hereby agree to refer the following dispute to mediation in [city name], [country name] in accordance with the Commercial Mediation Rules of the Japan Commercial Arbitration Association:

[brief description of the dispute]"

Med-Arb Clause (Mediation first before Arbitration)

"The parties shall attempt to negotiate in good faith for a solution to all disputes, controversies or differences arising out of or in connection with this contract (hereinafter referred to as "disputes").

If the disputes have not been settled by negotiation within [specify desired number] weeks from the date on which one party requests to other party for such negotiation, the parties shall attempt to settle them by mediation in accordance with the Commercial Mediation Rules of the Japan Commercial Arbitration Association (hereinafter referred to as "JCAA"). The parties shall conduct the mediation in good faith at least [specify desired number] months from the date of filing.

If the disputes have not been settled by the mediation, then they shall be finally settled by arbitration in accordance with the Commercial Arbitration Rules of the JCAA. The place of the arbitration shall be in [city name], [country name]."