Utah IDR for “Issue Dispute Resolution” (Version 2.2)
This Utah IDR Version 2.2 (IDR) governs any dispute arising out of any written agreement between parties (”Agreement”) that specifically incorporates this IDR in writing. Capitalized terms provided herein have the meaning provided in this IDR or in the Agreement.
Every dispute shall be resolved according to the Principles of Peacemaking, including but not limited to this Principled Resolution Promise:
and further according to this IDR, which shall be interpreted in accordance with the Peacemakers’ Compact Y24-04. A “Principled Peacemaker” is a person who has consented to follow the Peacemakers’ Compact Y24-04.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.
Confidentiality
Unless otherwise agreed in writing by parties in a dispute (collectively the ”Disputants” and individually a “Disputant”), all communications and records made for dispute resolution under this IDR are confidential under the WikiWe Confidants MNDA 24-02, and shall not be disclosed except to the Disputants, their appointed agents or representatives, conciliators, or arbitrators, each of which shall bound by the WikiWe Confidants MNDA 24-02 or equivalent obligation of confidentiality. Notwithstanding the foregoing, the fact that a claim is raised, pending, settled, or enforceable, the identities of the Disputants, conciliators, and arbitrators and pertinent dates may be disclosed to all those bound by the WikiWe Confidants MNDA 24-02. Furthermore, any legal proceedings brought in relation to the dispute resolution, including but not limited to proceedings to enforce an arbitration award or to seek an injunction against irreparable harm, may be published as provided by law.
Direct Discussions
Disputants shall first attempt to resolve their dispute through private communication with each other, seeking a mutually agreeable solution.
Claim Record
Prior to seeking conciliation or arbitration, any Disputant raising a claim or counterclaim against the other shall prepare and share a cause record detailing their claim, proposed remedy, and pertinent principles and facts with at least two Principled Peacemakers including the other Disputant. Any Disputant defending against a claim may similarly prepare and share a defense record detailing their defenses, proposed remedy if any, and pertinent principles and facts.
Involve Principle-based Conciliators
If the dispute remain unresolved after consideration of the Claim Record and Direct Discussion and not earlier than thirty (30) days after first sharing the cause record with the other Disputant, either of the Disputants may request conciliation. Conciliation shall be directed to a fair resolution based on the mutually accepted principles and agreements, including at least the Principles of Peacemaking.
Arbitration
If conciliation is acknowledged by both Disputants to be unsuccessful, if any Disputant expressly refuses to participate in conciliation, or if any Disputant fails to participate in conciliation within ninety (90) calendar days after conciliation is requested by the other Disputant, either Disputant may request binding arbitration. 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.
Selection of Conciliators and Arbitrators
If the Disputants cannot agree on a choice of conciliator, either Disputant may petition the WikiWe Confidants 🤐 administrator (“Administrator”) to appoint a qualified and willing neutral conciliator.
If the Disputants cannot agree on an arbitrator within thirty (30) days after a proper request for arbitration is made, the selected conciliator (if any) may select a neutral arbitrator upon request by either Disputant. If no conciliator is available, either Disputant may petition the Administrator to appoint a qualified and willing neutral arbitrator.
Unless the Disputants otherwise agree in writing on a mutually acceptable conciliator or arbitrator, selection of a conciliator or arbitrator as provided in this section shall be binding on the 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 negotiation, conciliation, or arbitration.
Costs
Costs for principle-first conciliation and arbitration shall be shared equally by the Disputants, unless agreed otherwise, found otherwise by a conciliator or arbitrator hearing the dispute, 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 VIEW[{Primary-Venue}], and the applicable law shall be VIEW[{Choice-of-Law}].
If judicial officials demonstrate prejudice to this MNDA, privacy laws, or encryption rights, any party may transfer the case to the VIEW[{Backup-Venue}], provided the venue is available and willing to receive the case.
Notice
Notice under this IDR is effective when made via the Consent Channel for the Agreement, to the Signal or chat.minds.com address of the Disputants in use in the Consent Channel, or to any other notice address adopted for use with the Agreement or this IDR and agreed in writing by the Disputants.
🗄️ Licensed under CC BY-SA 4.0 by WikiWe™ Commons • Updated 2024-02-05