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Model Clause: Netherlands Mediation Institute


    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.]