CPI Rules for Binding Mediation of Business Disputes
(herein referred
to as the "Binding Mediation Rules")
(effective as of 10/1/99)
1. How to Request Binding Mediation.
Any party to
a dispute may initiate Binding Mediation by filing with the Corporate
Partnering Institute (herein referred to as "CPI" and
as "Administrator") a request for mediation pursuant to
these Binding Mediation Rules. Such a request
should contain a brief statement of the nature of the dispute as
well as (to the extent
available) the then current names, addresses
and telephone numbers of all parties to the dispute.
2. Non-Binding Mediation Followed by Binding Arbitration.
"Binding Mediation" shall
mean mediation under The Corporate Partnering Institute's Rules
of Procedure for Non-Binding Mediation
followed by arbitration under the Corporate
Partnering Institute's Rules of Procedure for Arbitration. Both
the Corporate Partnering
Institute's Rules of Procedure for Non-Binding
Mediation and the Corporate Partnering Institute's Rules of Procedure
for Arbitration
are hereby made a part of these Binding Mediation
Rules. The request for mediation pursuant to these Binding Mediation
Rules shall be
deemed to constitute a request for mediation
pursuant to the Corporate Partnering Institute's Rules of Procedure
for Non-Binding Mediation
and a request for arbitration pursuant to the
Corporate Partnering Institute's Rules of Procedure for Arbitration.
3. References to These Rules by Name.
These Binding
Mediation Rules may be referred to as or cited in agreements and
other documents as: (i) CPI Rules for Binding Mediation
of Business Disputes, (ii) the Corporate Partnering
Institute's Rules of Procedure for Binding Mediation, (iii) the
Corporate Partnering
Institute Rules of Procedure for Binding Mediation,
(iv) the CPI Rules of Procedure for Binding Mediation, (v) the
Corporate Partnering
Institute's Rules for Binding Mediation, (vi)
the Corporate Partnering Institute Rules for Binding Mediation,
(vii) the CPI Rules for Binding
Mediation, (viii) the Corporate Partnering
Institute's Rules of Procedure for International Binding Mediation,
(ix) the Corporate
Partnering Institute Rules of Procedure for
International Binding Mediation, (x) the CPI Rules of Procedure
for International Binding
Mediation, (xi) the Corporate Partnering Institute's
Rules for International Binding Mediation, (xii) the Corporate
Partnering Institute Rules
for International Binding Mediation, (xiii)
the CPI Rules for International Binding Mediation, (xiv) the Corporate
Partnering Institute's Rules
of Procedure for Binding Business Mediation,
(xv) the Corporate Partnering Institute Rules of Procedure for
Binding Business Mediation,
(xvi) the CPI Rules of Procedure for Binding
Business Mediation, (xvii) the Corporate Partnering Institute's
Rules for Binding Business
Mediation, (xviii) the Corporate Partnering
Institute Rules for Binding Business Mediation, (xix) the CPI
Rules for Binding Business
Mediation, (xx) the Corporate Partnering Institute's
Rules of Procedure for Binding Partnering Mediation, (xxi) the
Corporate Partnering
Institute Rules of Procedure for Binding Partnering
Mediation, (xxii) the CPI Rules of Procedure for Binding Partnering
Mediation, (xxiii)
the Corporate Partnering Institute's Rules
of Binding Partnering Mediation, (xxiv) the Corporate Partnering
Institute Rules of Binding
Partnering Mediation, or (xxv) the CPI Rules
of Binding Partnering Mediation.
4. Application of Rules.
Whenever,
by stipulation or in a contract, parties have provided for Binding
Mediation of existing or future disputes under these Binding Mediation
Rules, these Binding Mediation Rules, as amended by the Administrator
and in effect as of the date of the submission of the dispute,
(a) These Binding Mediation Rules shall be deemed to be a part
of their agreement, and (b) such parties shall be deemed to have
agreed to these Binding Mediation Rules. With respect to any particular
dispute, the Administrator shall have the discretion to determine
whether to accept or decline the arbitration or mediation of any
dispute under these Binding Mediation Rules. In the event that
the Administrator exercises its discretion to decline such arbitration
or mediation, the Administrator will determine the substitute
form of dispute resolution, which substitute form of dispute resolution
may include, by way of example and not limitation, the rules of
procedure of a court of competent jurisdiction or the rules of
procedure of other arbitral or mediation organizations.
To
get more information
Call
1-800-948-1700, ask for Heidi
or
email Heidi at HeidiRedford@cpi.us
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