The parties must endeavour to settle any dispute in connection with the contract by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties or, failing agreement within seven days of receiving any party’s notice of dispute, by a person appointed by the Chair of Resolution Institute, or the Chair’s designated representative.

The Resolution Institute Mediation Rules shall apply to the mediation.

It is a condition precedent to the right of either party to commence arbitration or litigation other than for interlocutory relief that it has first offered to submit the dispute to mediation.

No party to this agreement shall commence any court or arbitration proceedings relating to a dispute arising out of or related to this agreement, unless that party has first complied with this clause.

The parties agree to mediate any dispute in terms of the Resolution Institute standard Mediation Agreement (NZ version).

The mediation shall be conducted by a mediator and at a fee agreed by the parties. Failing agreement between the parties, the mediator shall be selected, by the Chair for the time being of Resolution Institute.

Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to arbitration in accordance with, and subject to, Resolution Institute Arbitration Rules.

Unless the parties agree upon an arbitrator, either party may request a nomination from the Chair of Resolution Institute.

Where mediation is the preferred method of resolving a dispute and if the dispute is not settled by mediation, a further option of referral to arbitration is required, please use this clause:

Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to mediation in accordance with, and subject to, Resolution Institute Mediation Rules.’

Add the following if you require the matter to go to arbitration if not settled at mediation:

If the dispute or difference is not settled within 30 days of referral to mediation (unless such period is extended by agreement of the parties), it shall be and is hereby submitted to arbitration in accordance with, and subject to, Resolution Institute Arbitration Rules. Notwithstanding the existence of a dispute or difference each party shall continue to perform the Contract’.

Unless the parties agree upon an arbitrator, either party may request a nomination from the Chair of Resolution Institute.

Any dispute or difference whatsoever arising out of or in connection with this contract shall be and is hereby submitted to arbitration in accordance with, and subject to, the  UNCITRAL Arbitration Rules. The designating and appointing authority shall be Resolution Institute. There shall be one arbitrator, the language of the arbitration shall be English, the place of the arbitration shall be (nominate the Australian city in which you wish the arbitration to occur).

• designate different rules to the UNCITRAL Arbitration Rules
• provide for three arbitrators
• designate a language other than English.

This clause can be modified as appropriate to the particular scheme:

Any dispute under, or arising out of, this contract shall be referred to Resolution Institute, for resolution under the Rules of the (Trade Body or Association) Consumer/Industry Dispute Resolution Scheme. Each case will first be referred to a Conciliator appointed by Resolution Institute unless either party wishes to proceed directly to arbitration. If the conciliation is not satisfactorily concluded within six weeks from commencement, or if the parties want to proceed directly to arbitration, Resolution Institute will appoint an Arbitrator who will make a final and binding award.

Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to an expert in accordance with, and subject to, Resolution Institute Expert Determination Rules.

Unless the parties agree upon an Expert, either party may request a nomination from the Chair of Resolution Institute.

Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to conciliation in accordance with, and subject to, Resolution Institute Conciliation Rules.

Unless the parties agree upon a Conciliator, either party may request a nomination from the Chair of Resolution Institute.