Obtaining ADR Coverage

Parties deciding to write an MAA arbitration or mediation provision into their agreements may wish to consider these clauses:

Model clause for mediation only:

“Any dispute, claim or controversy arising out of or related to this contract, or the breach, interpretation or validity thereof, shall be settled through good faith negotiation. If the dispute cannot be settled through negotiation, the parties agree to attempt in good faith to settle the dispute by mediation administered by the Maritime Arbitration Association of the United States in accordance with its Rules.”

Model clause for mediation and arbitration:
“Any dispute, claim or controversy arising out of or related to this contract, or the breach, interpretation or validity thereof, shall be settled through good faith negotiation. If the dispute cannot be settled through negotiation, the parties agree to attempt in good faith to settle the dispute by mediation administered by the Maritime Arbitration Association of the United States in accordance with its Rules. If the parties are unsuccessful in settling the dispute through mediation, the parties agree to binding arbitration administered by the Maritime Arbitration Association of the United States in accordance with its Rules, and final judgment on the award rendered by the arbitral tribunal may be entered in any court having jurisdiction thereof. The parties understand they are waiving any right to a jury trial.”
Model clause for arbitration only:
“Any dispute, claim or controversy arising out of or related to this contract, or the breach, interpretation or validity thereof, shall be submitted to and decided by binding arbitration administered by the Maritime Arbitration Association of the United States in accordance with its Rules, and final judgment on the award rendered by the arbitral tribunal may be entered in any court having jurisdiction thereof. The parties understand they are waiving any right to a jury trial.”
For further information about mediation or arbitration, contact us at 1-800-717-5750 or through this the Contact Form in website. Please advise us if you incorporate any of these provisions into a contract. This information should not be considered legal advice. We recommend you consult with legal counsel for advice on drafting your contracts.