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The Mediation And Mutual Arbitration Agreement serves as a crucial risk management tool for businesses operating in Canada, providing a clear and efficient alternative to traditional litigation. This document becomes essential when parties wish to establish a predetermined, cost-effective method for resolving potential disputes through structured alternative dispute resolution mechanisms. It incorporates requirements from both federal and provincial legislation, ensuring enforceability across Canadian jurisdictions. The agreement typically includes detailed procedures for both mediation and arbitration, confidentiality provisions, cost allocation, and enforcement mechanisms. It's particularly valuable for ongoing business relationships where maintaining commercial relationships while resolving disputes is paramount.

1. Parties: Identification of all parties entering into the agreement, including their legal names, addresses, and any relevant corporate details

2. Background: Context for the agreement, including the parties' relationship and their desire to establish alternative dispute resolution procedures

3. Definitions: Key terms used throughout the agreement, including 'Dispute', 'Mediation', 'Arbitration', 'Award', etc.

4. Scope of Agreement: Types of disputes covered by and excluded from the agreement, including any jurisdictional limitations

5. Agreement to Mediate: Commitment to attempt mediation before arbitration, including trigger events and timeframes

6. Mediation Process: Detailed procedures for initiating and conducting mediation, including mediator selection and confidentiality requirements

7. Arbitration Agreement: Core agreement to arbitrate and waiver of court proceedings for covered disputes

8. Arbitration Procedures: Comprehensive procedures for initiating and conducting arbitration, including tribunal composition and applicable rules

9. Governing Law and Jurisdiction: Specification of applicable law and jurisdiction for the agreement itself

10. Costs and Fees: Allocation of mediation and arbitration costs, including administrative fees and professional fees

11. Confidentiality: Obligations regarding confidentiality of both mediation and arbitration processes and outcomes

12. General Provisions: Standard clauses including severability, entire agreement, amendments, and notices