Utah-Principled PDR for “Primary Dispute Resolution” (Version 23.11)
This Utah-Principled PDR 23.11 (PDR) governs any dispute arising out of any written agreement (”Agreement”) that specifically incorporates this PDR in writing. Capitalized terms provided herein have the meaning provided in this PDR or in the Agreement.
Unifying Principles
Three core principles that 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) seek verifying witnesses, (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 communication with each other in accordance with Unifying Principles, seeking a mutually agreeable solution.
Verifying Witnesses.
During direct discussion, either or both of the Disputants may involve one or verifying witnesses in a secure and private communication channel to which the other of the Disputants is invited, for guidance and “good cause” mutual verification of issues. Verifying witnesses 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 and negotiations. If scheduling becomes an issue, the both Disputants shall setup a cal.com account (or mutually agreed upon solution), list their availability for meeting to resolve the disputes, and share their availability each other.
Principle-First Conciliator.
If the dispute remain unresolved after verification by 2 or more verifying witnesses, either of the Disputants may request conciliation with a principle-first conciliator, 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 Unifying Principles herein. If the Disputants cannot agree on a choice of conciliator, their selected witnesses may upon request by either Disputant select any reasonably qualified and willing neutral conciliator by majority vote, with a representative of the Administrator acting as tiebreaker if needed.
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 verified by at least two (2) verifying witnesses 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 negotiation, conciliation, or arbitration.
Costs.
Costs for principle-first conciliators and arbitrators shall be shared equally by the Disputants if “good cause” is verified in writing by 2 or more verifying witnesses, 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.
Our 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 us regarding our Dispute Resolution, and supersede and replace any prior agreements we might have between us regarding the Service.
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.
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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