Introduction: This Alternative Dispute Resolution (ADR) Procedure is designed to resolve disputes without resorting to litigation or posting on social media. It emphasizes communication, collaboration, and fairness as the primary means of reaching a resolution. Customer further agrees to be bound by this Non-Disparagement Agreement. Customer will not disparage or allow the Company to be disparaged in any manner. For the avoidance of doubt, disparagement shall mean disparaging or otherwise making any false or negative statements about the products, services, members, managers, or employees of any Party. Customer acknowledges that a breach of this Paragraph will result in intentional and irreparable harm which cannot be fully compensated by monetary damages. Accordingly, in addition to liquidated damages of not less than $10,000 and any other remedy, which may be available to it/them, Company shall be entitled to injunctive relief to address any actual or threatened violation of this Paragraph along with all attorney fees to enforce or defend this agreement. Any action under this paragraph is not subject to ADR.
The ADR procedure is as follows:
1. Initial Communication: a. The party raising the dispute (the "Complainant") should contact the other party involved (the "Respondent") in writing or through a neutral mediator (if preferred by both parties) to initiate the ADR process. The communication should clearly outline the nature of the dispute, the desired outcome, and a request for resolution.
b. The Respondent shall respond to the Complainant within a reasonable time frame (usually within 14 days) to acknowledge receipt of the complaint and express their willingness to engage in the ADR process.
2. Mediation: a. If both parties agree to mediate the dispute, they shall select a mutually acceptable mediator. Alternatively, they can use a professional mediator or mediation service.
b. Mediation sessions shall be scheduled promptly and conducted in a neutral and private location. Each party may present their perspective, and the mediator will facilitate communication and negotiation.
c. The goal of mediation is to reach a mutually satisfactory resolution. If an agreement is reached, it shall be documented in writing and signed by both parties.
d. If mediation is unsuccessful, both parties may proceed to the next stage of ADR.
3. Arbitration: a. If mediation fails to resolve the dispute, the parties may agree to arbitration. Arbitration can be conducted by a single arbitrator or a panel of arbitrators, as agreed upon by the parties.
b. The arbitration process shall follow a structured format, including the submission of evidence, arguments, and hearings as necessary. The arbitrator(s) will issue a binding decision based on the facts and applicable law.
c. The decision of the arbitrator(s) shall be final and legally enforceable, with limited grounds for appeal as mutually agreed upon by the parties.
4. Agreement to Maintain Confidentiality: a. Throughout the ADR process, both parties shall maintain strict confidentiality regarding the dispute and its resolution.
5. Cost Allocation: a. All costs related to mediation or arbitration, including mediator/arbitrator fees and any other expenses incurred, shall be the sole responsibility of the customer.
6. Implementation of Resolution: a. If an agreement is reached through ADR, both parties shall implement the terms of the resolution promptly and in good faith.
7. Reporting Non-compliance: a. In the event that either party fails to comply with the agreed-upon resolution, the other party may bring the matter to the attention of a court or other relevant authority as necessary.
8. Conclusion: a. This ADR Procedure offers an efficient and confidential alternative to litigation or negative online reviews for resolving disputes. Parties involved are encouraged to act in good faith and work toward mutually agreeable resolutions