Peacemaker equity

Clauses

Add this free clause to your contracts to protect yourself against the threat of litigation or dispute in the Public Court System.

Peacemaker Equity Clauses

Put peace into the agreement before a dispute begins.

A Peacemaker Equity clause can be added to a contract or agreement before a dispute arises.

By including the clause, the parties agree to first seek resolution through negotiation and mediation, and if necessary, private arbitration administered by Peacemaker Equity.

Our aim is simple: resolve disputes privately, fairly and peacefully before resorting to public litigation wherever permitted by law.

Standard Peacemaker Equity Clause

Copy and paste this clause into your agreement.

Peacemaker Equity Dispute Resolution Clause

If a dispute arises out of or relates to this agreement, or the breach of it, the parties agree to first make a genuine attempt to resolve the dispute through direct negotiation in good faith.

If the dispute cannot be resolved through negotiation, the parties agree to participate in mediation administered by Peacemaker Equity in accordance with the Peacemaker Equity Rules.

The mediation may be conducted in person, by video conference or by telephone.

Each party shall provide Peacemaker Equity and the other party with the documents and evidence they intend to rely upon at least seven (7) days before mediation, unless otherwise agreed.

The parties agree to genuinely attempt negotiation and mediation for at least thirty (30) days before commencing arbitration, unless the parties agree otherwise or Peacemaker Equity determines that circumstances require an earlier hearing.

If mediation does not resolve the dispute, either party may commence arbitration by providing the other party and Peacemaker Equity with a Notice of Arbitration.

The Notice of Arbitration must include:

  • a clear explanation of the dispute;
  • the important facts relied upon;
  • the remedy or outcome sought;
  • relevant documents and evidence; and
  • an affidavit confirming the facts relied upon.

Unless otherwise directed, the responding party shall provide a written response and any supporting evidence within fourteen (14) days.

The arbitration shall be administered by Peacemaker Equity and conducted in accordance with the current Peacemaker Equity Rules and Principles of Biblical Equity.

The arbitration shall normally be heard by three impartial arbitrators and may be conducted in person, by video conference or by telephone.

Unless otherwise directed, all evidence intended to be relied upon at the arbitration hearing shall be provided to Peacemaker Equity and the other party at least seven (7) days before the hearing.

The parties agree that the arbitration decision shall be final and binding, subject to any right of Private Jury Review provided under the Peacemaker Equity Rules and subject to applicable law.

Where permitted under the Peacemaker Equity Rules, either party may request a Private Jury Review by twelve jury members.

The decision of the Private Jury shall be final within the Peacemaker Equity process, subject to applicable law.

Any final award may be enforced in a court of competent jurisdiction where permitted by law.

The costs of mediation, arbitration and Private Jury Review shall be paid in accordance with the current Peacemaker Equity Rules.

The current Peacemaker Equity Rules form part of this agreement and are incorporated by reference.


How It Works

1. Negotiate

The parties first try to resolve the disagreement directly and in good faith.

2. Mediate

If negotiation is unsuccessful, Peacemaker Equity conducts mediation to help the parties seek a voluntary resolution.

3. Arbitrate

If mediation is unsuccessful, the dispute may proceed to private arbitration before three impartial arbitrators.

4. Private Jury Review

Where permitted under the Rules, an arbitration decision may be reviewed by a private jury of twelve members.

5. Final Award

The final decision may be enforced through a court of competent jurisdiction where permitted by law.

Biblical Equity

Peacemaker Equity is guided by principles including:

  • Truth before victory.
  • Reconciliation before judgment.
  • Justice with mercy.
  • He who comes to equity must come with clean hands.
  • He who seeks equity must do equity.
  • Equality is equity.
  • Equity looks to intent rather than merely form.
  • Restoration before punishment.

Full procedures and principles are contained in the Peacemaker Equity Rules & Fees.

Already in a Dispute?

The Peacemaker Equity clause does not necessarily need to have been included in the original agreement.

If all parties to an existing dispute agree, they may jointly submit the matter to Peacemaker Equity and agree to be bound by the Peacemaker Equity Rules.

Notices and Documents

Notices, affidavits and supporting documents should be provided to the other party and Peacemaker Equity.

Unless otherwise advised, documents may be sent to:

info@peacemakerequity.com

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Peacemaker Equity

Private mediation and arbitration guided by truth, fairness and Biblical Equity.

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