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Mediation clauses

A mediation clause is a provision introduced in a contract or a prior agreement between the parties whereby they agree that, in the event of a dispute arising, an attempt will be made to resolve it through mediation, by contacting MEDIAUTOR, and according to the procedure established in the MEDIAUTOR-OMPI Rules.

Mediation may be requested both in the case of the existence of a previously agreed mediation clause and in the case that it does not exist, adopting an agreement after the conflict has arisen.

In Spain, it is foreseen that it will be compulsory to resort to an out-of-court dispute resolution procedure as a requirement to initiate legal proceedings once the Law on Procedural Efficiency Measures has been passed. Therefore, it is advisable to include this provision in the contracts or agreements that are signed, to be able to go to a specialized and affordable mediation center, such as MEDIAUTOR. Staggered clauses can also be established, stipulating that if the conflict is not solved through mediation, either arbitration or judicial proceedings will be used.

Models of mediation submission clauses

Download mediation clauses

Contract clauses:

  1. MEDIAUTOR-WIPO Mediation Clause
    Any dispute, difference or claim arising out of or relating to this contract and any amendment to this contract, including in particular its formation, validity, enforceability, interpretation, performance, non-performance or termination, as well as non-contractual claims, shall be submitted to mediation following the MEDIAUTOR-OMPI Mediation Rules. The mediation shall take place at [specify location]. The language to be used in the mediation shall be [specify language].

  2. MEDIAUTOR-WIPO Mediation Clause followed, in the absence of agreement, by WIPO Expedited Arbitration
    Any dispute, controversy, difference or claim arising out of or relating to this contract and any amendment to this contract, including in particular its formation, validity, enforceability, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation following the MEDIAUTOR-WIPO Mediation Rules. The mediation shall take place at [specify location]. The language to be used in the mediation shall be [specify language].

    If, or to the extent that, the dispute, controversy, difference or claim has not been settled in the mediation within [60] [90] days of the commencement of the mediation, it shall, upon the filing of a Request for Arbitration by one of the parties, be referred to arbitration for final resolution following the WIPO Expedited Arbitration Rules. However, if, before the expiration of such [60] [90] day period, a party fails to participate or ceases to participate in the mediation, the dispute, controversy or claim shall, upon the filing of a Request for Arbitration by the other party, be referred to arbitration for final resolution following the WIPO Expedited Arbitration Rules. The arbitration shall take place at [specify location]. The language to be used in the arbitral proceedings shall be [specify language]. The dispute, controversy or claim submitted to arbitration shall be settled following the law of [specify jurisdiction].

  3. MEDIAUTOR-WIPO Mediation Clause followed, in the absence of agreement, by court proceedings
    Any dispute, difference or claim arising out of or relating to this contract and any amendment to this contract, including in particular its formation, validity, enforceability, interpretation, performance, non-performance or termination, as well as non-contractual claims, shall be submitted to mediation following the MEDIAUTOR-OMPI Mediation Rules. The mediation shall take place at [specify location]. The language to be used in the mediation shall be [specify language].

    If the dispute, controversy or claim has not been settled in mediation, or to the extent that it has not been settled within [60] [90] days from the commencement of the mediation, the courts of [specify place] shall have exclusive jurisdiction. If, however, before the expiration of such [60] [90] day period, a party refrains from participating or ceases to participate in the mediation, the courts of [specify place] shall have exclusive jurisdiction. The dispute, controversy or claim submitted shall be settled following the law of [specify jurisdiction].
     

Agreements of Submission to Mediation for existing controversies: 

  1. MEDIAUTOR-WIPO Agreement to submit to mediation
    We, the undersigned, hereby agree to submit the following dispute to mediation following the MEDIAUTOR-OMPI Mediation Rules: 

    [brief description of the dispute].

    The mediation shall take place at [specify location]. The language to be used in the mediation shall be [specify language].

  2. Agreement to submit to MEDIAUTOR-WIPO mediation followed, in the absence of agreement, by WIPO expedited arbitration
    We, the undersigned, hereby agree to submit the following dispute to mediation following the MEDIAUTOR-WIPO Mediation Rules:

    [brief description of the dispute].

    The mediation shall take place at [specify location]. The language to be used in the mediation shall be [specify language].

    We further agree that, if, or to the extent that, the dispute, controversy, difference or claim has not been settled in the mediation within [60] [90] days of the commencement of the mediation, it shall, upon the filing of a Request for Arbitration by one of the parties, be referred to arbitration for final resolution following the WIPO Expedited Arbitration Rules. However, if, before the expiration of such [60] [90] day period, a party fails to participate or ceases to participate in the mediation, the dispute, controversy or claim shall, upon the filing of a Request for Arbitration by the other party, be referred to arbitration for final resolution following the WIPO Expedited Arbitration Rules. The arbitration shall take place at [specify location]. The language to be used in the arbitral proceedings shall be [specify language]. The dispute, controversy or claim submitted to arbitration shall be settled following the law of [specify jurisdiction].

  3. Agreement to submit to MEDIAUTOR-WIPO mediation followed, in the absence of agreement, by court proceedings
    We, the undersigned, hereby agree to submit the following dispute to mediation following the MEDIAUTOR-OMPI Mediation Rules:

    [brief description of the dispute].

    The mediation shall take place at [specify location]. The language to be used in the mediation shall be [specify language].

    We further agree that, if the dispute, difference or claim has not been settled in mediation, or to the extent that it has not been settled within [60] [90] days from the commencement of the mediation, the courts of [specify place] shall have exclusive jurisdiction. If, however, before the expiration of such [60] [90] day period, a party refrains from participating or ceases to participate in the mediation, the courts of [specify place] shall have exclusive jurisdiction. The dispute, difference or claim shall be settled following the law of [specify jurisdiction].