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Conflict Resolution Agreement
"I need a Conflict Resolution Agreement for my technology consultancy company based in Auckland, dealing with multiple software development contractors, with specific provisions for intellectual property disputes and online dispute resolution procedures."
1. Parties: Identifies and defines all parties to the agreement
2. Background: Provides context and explains the purpose of entering into the conflict resolution agreement
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Agreement: Specifies what types of disputes are covered by the agreement
5. Good Faith Obligations: Sets out the parties' obligations to attempt resolution in good faith
6. Notice of Dispute: Describes the process for formally notifying other parties of a dispute
7. Dispute Resolution Process: Details the step-by-step process for resolving disputes
8. Timeframes: Specifies time limits for each stage of the dispute resolution process
9. Costs and Expenses: Addresses how costs of dispute resolution will be allocated
10. Confidentiality: Establishes confidentiality obligations regarding the dispute and resolution process
11. Governing Law: Specifies that New Zealand law governs the agreement
12. Execution: Formal execution provisions and signature blocks
1. Expert Determination: Include when technical or specialized disputes may require expert determination
2. Multi-Party Disputes: Include when there are more than two parties to the agreement
3. International Disputes: Include when parties are from different jurisdictions
4. Emergency Relief: Include provisions for urgent interim relief when necessary
5. Cultural Considerations: Include when incorporating tikanga M膩ori or other cultural dispute resolution processes
6. Online Dispute Resolution: Include when parties want to enable virtual dispute resolution processes
7. Appeals Process: Include when parties want to allow appeals of decisions
8. Insurance and Indemnity: Include when specific insurance requirements or indemnities are needed
1. Schedule 1: Dispute Resolution Procedures: Detailed procedures for each stage of dispute resolution
2. Schedule 2: Notice Forms: Template forms for giving notice of disputes
3. Schedule 3: Fee Schedule: Schedule of fees and costs for mediators, arbitrators, or experts
4. Schedule 4: Mediator/Arbitrator Appointment Process: Procedures for appointing neutral third parties
5. Appendix A: Code of Conduct: Code of conduct for parties during dispute resolution
6. Appendix B: Confidentiality Agreement: Template confidentiality agreement for all participants
7. Appendix C: Timeframe Summary: Summary chart of all timeframes in the dispute resolution process
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