Model Dispute Resolution Clause

Parties who agree to resolve their disputes by mediation and arbitration under the rules of ADR Forum (Pty) Ltd (“ADR Forum”) may use this clause in their agreement:

If any dispute, controversy or claim arising out of or relating to the existence, interpretation, validity, application, breach or termination of this agreement occurs between the parties, they agree to attempt resolving such dispute, controversy or claim through mediation with ADR Forum before pursuing any other proceedings. Any party to such dispute, controversy or claim may serve written notice on the other or others of its desire to resolve a particular dispute, controversy or claim by mediation. The mediator shall be appointed by ADR Forum and conducted in Namibia at a place to be determined by the mediator in English according to the mediation rules of ADR Forum. If such dispute, controversy or claim has not been resolved within thirty days of the notice of desire to mediate, any party may terminate the mediation and proceed to arbitration according to the arbitration rules of ADR Forum. Nothing herein shall preclude any party from seeking interim relief in a court pending such mediation and/or arbitration.