Primary Dispute Resolution Memorandum (Version 23.12)
This Primary Dispute Resolution Memorandum PDR 23.12 (PDR) governs any dispute arising out of any written agreement (”Agreement”) that specifically incorporates this PDR in writing or by reference. Capitalized terms provided herein have the meaning provided in this PDR or in the Agreement.
Unifying Principles
These unifying principles with associated promises establish principle-based dispute resolution.
Primary Dispute Resolution Promise
We promise to authentically, directly, peacefully, and proactively provide feedback and respond to complaints within 30 days. In lieu of litigation, we will first (1) attempt direct discussion, (2) record the cause and issues, (3) contract principle-first conciliator(s), and (4) if necessary, submit the dispute(s) to binding arbitration before a mutually agreed arbitrator. We accept that violating this promise may result in fines, sanctions, restrictions, promise slate annotations, and additional reporting obligations.
Mutual Integrity Promise
We promise to honor our word as our bond in acting with integrity.
Intergenerational Respect Promise
We promise to all who are similarly obliged to respect the autonomy of others, to treat our children and each other with the gentleness and respect worthy of God’s children, to spend no less than 5 hours per month journaling and intergenerational mentoring, to seek resolution in a spirit of peace, guided by prayer, wisdom, and the counsel of our principled community.
Direct Discussion.
Parties in a dispute (collectively the ”Disputants” and individually a “Disputant”) arising out of the Agreement shall first attempt to resolve their dispute through private discussion with each other in accordance with Unifying Principles, seeking a mutually agreeable remedy.
Cause Record.
During direct discussion, any of the Disputants may involve one or more recorders to document the date, named issue(s), mutually consented agreements or disagreements, a reasonable remedy proposal, and an optional good cause affidavit (“Cause Record”). The Disputants shall have equitable access to the Cause Record, which must be recorded in a secure, private, and authentic-able format and location or data room. Human recorders shall agree to the Principled Peacemakers Compact or an equivalent agreement, and shall be bound to confidentiality (equivalent to Common Paper’s MNDA) prior to involvement in discussions. AI/Bot recorders shall be supervised by human recorders who have accepted equivalent agreements.
Scheduling.
If scheduling becomes an issue, the Disputants and willing recorders shall setup a cal.com account (or mutually agreed upon solution), list their availability for meeting, and share their availability each other.
Conciliation.
If the dispute remain unresolved within 7 days of the Cause Record’s creation, or sooner if mutually agreed, any of the Disputants may request conciliation with a principle-first conciliator, directed to a fair resolution based on the Cause Record and mutually accepted principles and values of the Disputants and each Disputant’s written pledges, promises, and/or agreements to or with the other Disputant, including at least the Unifying Principles herein. If the Disputants cannot agree on a choice of conciliator, the recorders may assist in selecting any reasonably qualified and willing neutral conciliator by majority vote. If multiple issues are being conciliated, the conciliator shall ask each Disputants to rank-order the issues and remedies prior to meeting.
Arbitration.
If conciliation is acknowledged by both Disputants to be unsuccessful or undesired, if any Disputant expressly refuses to conciliate, or if any Disputant fails to participate in conciliation within ninety (90) calendar days after good cause has been documented by at least two (2) recorders and notice requesting conciliation is effective, either Disputant may request PFCR by binding arbitration. If the Disputants cannot agree on an arbitrator within thirty (30) days after a proper request for binding arbitration is made, the Disputants shall jointly ask JAMS to select a qualified arbitrator to arbitrate the dispute according to JAMS’ Streamlined Rules, and JAMS’ choice of neutral shall be binding on both Disputants. If a Disputant fails to participate in arbitration after proper escalation and notice under this PDR, the other Disputant may ask JAMS to select a qualified arbitrator to arbitrate the dispute according to JAMS’ Streamlined Rules. In such case, the arbitrator may render an opinion and award based on evidence submitted by the requesting Disputant alone after reasonable notice and opportunity to participate in the arbitration is provided to the non-requesting Disputant, which opinion and award shall bind both Disputants.
Nonsuit.
Except to enforce a valid arbitration award, or to prevent irreparable harm as provided in this paragraph, no Disputant shall sue the other Disputant in any court of law. Notwithstanding the foregoing, either Disputant may seek emergency injunctive relief against the other Disputant for acts or omissions within the scope of a dispute that cause or are likely to cause irreparable harm, without first satisfying the requirement of prior discussion, conciliation, or arbitration.
Costs.
Costs for principle-first conciliators and arbitrators shall be shared equally by the Disputants if good cause is clearly established in the Cause Record, unless agreed otherwise or required by law.
Venue and Choice of Law.
The PDR shall be governed and construed in accordance with the laws of United States of America, without regard to its conflict of law provisions. Any use of AI in the process will be transparently disclosed.
Any failure to enforce any right or provision of the PDR will not be considered a waiver of those rights. If any provision of PDR is held to be invalid or unenforceable by a court, the remaining provisions of PDR will remain in effect. The PDR constitute the entire agreement between the Disputants regarding Dispute Resolution, and supersede and replace any prior written and/or oral agreements.
The Disputants may choose any mutually agreed venue and choice of law consistent with this PDR. To the extent not otherwise provided by this PDR or agreed in writing by the Disputants, the venue for any legal dispute or arbitration award arising under the Agreement and/or PDR shall be the Utah State Courts of Salt Lake County Utah, and the applicable law shall be Utah law.
Notice & Consent.
Notice under this PDR is effective when made via the Consent Channel for the Agreement, to the Signal or Telegram address of the Disputants in use in the Consent Channel, or to any other notice address adopted for use with this PDR and agreed in writing by the Disputants.
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