Mediation in accordance with the NAI Mediation Rules requires that the parties have agreed on the applicability of the Rules. The NAI recommends including the following mediation clauses in the contract.
Mediation-Arbitration model clause 1 (mandatory mediation first)
1. If disputes arise between the parties as a result of this agreement or any further agreements that may result from it, they will attempt to resolve these together through mediation in accordance with the NAI Mediation Rules. They undertake to cooperate in appointing a mediator and to participate in at least one joint mediation session. Only if the mediation has not led to a solution may they initiate arbitration proceedings, without prejudice to their right to take measures to preserve their rights.
2. Disputes that are not resolved through mediation, as referred to in paragraph 1, will be settled in accordance with the Arbitration Rules of the NAI.
Mediation-arbitration model clause 2 (mediation first if desired)
1. If disputes arise between the parties as a result of this agreement or any further agreements that may result from it, they will consider trying to resolve these together through mediation in accordance with the NAI Mediation Rules. If they decide to do so, they may initiate arbitration proceedings only if mediation has not led to a solution, without prejudice to their right to take measures to preserve their rights.
2. Disputes that cannot be resolved through mediation as referred to in paragraph 1 will be settled in accordance with the Arbitration Rules of the NAI.
