Utah IDR for “Issue Dispute Resolution” (Version 2.0)
This Utah IDR Version 1.2 (IDR) governs any dispute arising out of any written agreement (”Agreement”) that specifically incorporates this IDR in writing. Capitalized terms provided herein have the meaning provided in this IDR or in the Agreement.
Principled Resolution Promise
Principled Resolution Promise
Link to originalI promise to authentically, directly, peacefully, and proactively provide feedback and respond to complaints within 30 days. Instead of legal action, I will first seek resolution through direct discussion; second, prepare and share a record detailing my claim, proposed remedy, controlling principles, and undisputed facts with a fellow Principled Peacemaker; third, involve a neutral Principled Peacemaker to help reach an agreeable resolution; and fourth, if required, resolve the dispute by binding arbitration before a mutually acceptable arbitrator.
Direct Discussions
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 communication with each other, seeking a mutually agreeable solution.
Issue Recordings
During direct discussion, any Disputants may involve one or “Principled Peacemakers” who have accepted the Peacemakers’ Compact Y24-04 in a secure communication channel to which the other of the Disputants is invited, for guidance, clarifying, and recording the issues. If confidentiality is requested by any party, the parties shall enter into an MNDA to protect the privacy and confidentiality of all parties.
Involve Principle-based Conciliators
If the dispute remain unresolved after clarifying and recording the issue with a Principled Peacemaker, either of the Disputants may request conciliation with a principle-first conciliator or neutral Principled Peacemaker, directed to a fair resolution based on the 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 Principles of Peacemaking. If the Disputants cannot agree on a choice of conciliator, the WikiWe Confidants 🤐 Administrators may be petitioned to appoint one or more reasonably qualified and willing neutral conciliators, to verify the neutrals credentials, to record the issues in a confidential manner, and to publish a redacted report.
Arbitration
If conciliation or meditation is acknowledged by both Disputants to be unsuccessful, if any Disputant expressly refuses to conciliate or mediate, or if any Disputant fails to participate in mediation within ninety (90) calendar days after good cause has been verified by at least two (2) advisory witnesses and notice requesting mediation is effective, either Disputant may request binding arbitration in accordance with the basis of mediation. If the Disputants cannot agree on an arbitrator within thirty (30) days after a proper request is made, the selected mediator may select a neutral arbitrator upon request by either Disputant, which selection shall be binding on the Disputants. If a Disputant fails to participate in arbitration after proper escalation and notice under this IDR, the arbitrator may render an opinion and award based on the evidence submitted by the other Disputant.
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 negotiation, mediation, or arbitration.
Costs
Costs for principle-first mediators and arbitrators shall be shared equally by the Disputants if “good cause” is verified in writing by 2 or more advisory witnesses, unless agreed otherwise or required by law.
Venue and Choice of Law
The Disputants may choose any mutually agreed venue and choice of law consistent with this IDR. To the extent not otherwise provided by this IDR or agreed in writing by the Disputants, the venue for any legal dispute or arbitration award arising under the Agreement and/or IDR shall be the Utah State Courts of Salt Lake County Utah, and the applicable law shall be Utah law.
Notice
Notice under this IDR 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 IDR and agreed in writing by the Disputants.
🗄️ Licensed under CC BY-SA 4.0 by WikiWe™ Commons • Updated 2024-02-05