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ADR CLAUSES

OPTIONAL CLAUSES

Court proceedings/Arbitration in parallel

The commencement of a mediation will not prevent the parties from commencing or continuing court proceedings / an arbitration.

Note: This provision will need to be modified where a provision in included requiring mediation before litigation/arbitration, except as necessary to preserve rights or deal with limitation periods.

Mediation in parallel

Any party which commences court proceedings / an arbitration must institute a mediation within [21] days after the delivery of the statement of defence/statement by the respondent in the arbitration proceedings, as applicable.

No further steps in legal proceedings

The parties undertake not to take any further steps in any legal proceedings regarding the issues being mediated while the mediation is in progress, unless the same are necessary to preserve rights.


These ADR Clauses have been produced by The Canadian Foundation for Dispute Resolution. Any feedback or concerns on the content of this document please contact CFDR at the addresses below.

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The Canadian Foundation for Dispute Resolution
234 Eglinton Avenue East, Suite 500, Toronto, Ontario, M4P 1K5
Tel. (416) 487-4733 Fax. (416) 487-4429

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