Model Clause

Mediation Agreement

The existence of a Mediation Agreement between the parties is a basic requirement for any application to BAPMI's Mediation. Any disputes cannot refer to BAPMI's Mediation if the disputing parties do not have a Mediation Agreement

The Mediation Agreement formulated in 2 ways or forms:

• as a clause of contract before any dispute occur (Mediation clause); or
• as a separate agreement made by the parties after the dispute occurs.

Model Clause

BAPMI recommends to any parties that have an intention to choose BAPMI's Mediation as a forum to dispute settlement use this model clause into their contracts:

Paragraph 1 :
Any disputes arising out or related to this agreement will settle amicably by the parties.

Paragraph 2 :
If, and to the extent that, any such dispute has not been settled amicably, it shall be referred to BAPMI's Mediation according to BAPMI's rules and regulations.

Paragraph 3 :
If, and to the extent that, any such dispute has not been settled pursuant to the mediation, it shall be referred to and finally determined by BAPMI's Arbitration according to BAPMI's rules and regulations as the first and final decision. The tribunal of 3 Arbitrators will hold the Arbitration. The parties hereto waive their rights to file or assert any claims, suits, actions, demands, or petitions in any manner or form whatsoever to any court or such other judicial bodies with respect to any matters related to the disputes settled and resolved by this Arbitration save for the purpose of the implementation, execution, or enforcement of such arbitration award.