NMI MEDIATION
CLAUSE
Dispute
Resolution
1 The Parties agree to submit all disputes
that may arise out of this Agreement to mediation pursuant to the
Rules of the Netherlands Mediation Institute (Stichting Nederlands
Mediation Instituut) in Rotterdam, before such disputes are
submitted for resolution by the competent judge [or arbitral panel]
as provided below.
2 The Mediator's task is to analyse with the
Parties the disputes which have arisen in order that the Parties
may come in good faith to a resolution and mutually confirm the
resolution by written agreement. This good faith entails that the
Parties not commence any legal action before the mediation
procedure pursuant to the preceding clause has been attempted and
for a period of ____ days from the date that the Mediator is
appointed, unless the Mediation procedure has been terminated
earlier.
3 The Mediation procedure is strictly
confidential in nature. Parties shall not be bound in any
subsequent court [or arbitral] proceedings by any positions taken
or statements made during the mediation procedure.
4 [Normal arbitration or competent court
clause.]