“The parties elect Mediation as a means prior and mandatory resolution of disputes that may arise between them, arising from or related to this contractual relationship, including those relating to the interpretation, validity, effectiveness, execution and any form of extinction of this contract, and expressly agree that the Mediation procedure will be administered by MEDIARE, in accordance with the provisions of its Regulation on Ethical and Procedural Norms for Mediation that are in force on the date of the beginning of the said procedure.
If the attempt to reach a consensus is unsuccessful in Mediation and the parties decide to submit the dispute to judicial or arbitration, they may at any time, even if the judicial or arbitration process has started, resume the Mediation procedure, in which case they will request the the arbitrator to suspend the respective process for a period sufficient to reach a consensual resolution of the conflict. ”
Stepped Clause (Med-Arb)
“If the dispute has not been resolved within the period agreed in the Participation Agreement signed for the beginning or restart of the Mediation, the dispute will be submitted to resolution through Arbitration, to be managed by (appoint the Arbitration entity), applying the corresponding Arbitration Regulation <. ”[: en]Mediation Clause
“The parties agree to elect Mediation as prior and obligatory procedure to settle any dispute arising out of or in connection with the present contract; They also agree that all disputes related to this arrangement shall be referred to MEDIARE, in order to be resolved; in accordance with the corresponding Regulation. If mediation fails to settle the dispute, the parties may opt for it to be settled by arbitration or in court; without prejudice of the prior mediation procedure, which may be summarized at any time, in the event of which the parties shall request the judge or arbitrator the suspension of the respective procedures for the period necessary for the consensual solution to be achieved. ”
“If Mediation is not successful in settling the dispute within the time agreed in the Agreement to Participate in Mediation (signed in beginning or resumption of the mediation), the controversy shall be settled by arbitration, which shall be submitted to (name the entity responsible for conducting the procedure), under the rules of its respective arbitration standards. ”