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Old 01-25-2016, 09:51 PM
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Default Separation Agreement - DM draft Dispute Resolution clause

1. Dispute Resolution

1.1 If A and B disagree about a reviewable or variable term of this Agreement, they will first try to resolve the dispute through negotiation, either between themselves or with their respective counsel, on the following terms:
(a) The party seeking a change in [specify reviewable sections of the agreement], will make the request for review or variation by giving the other, in writing:
(i) notice of the proposed change;
(ii) evidence supporting the proposed change; and
(iii) any requests for information from the other necessary to determine the issue.
(b) A request under subsection (a) above will be answered within [number] days.
(c) After exchanging any information required by this Agreement, A and B will meet personally [or through their personal representatives] to resolve the issues in dispute. If they come to an agreement, A and B will sign and date an amending agreement before witnesses.

1.1 If A and B are unable to resolve the dispute through negotiation within [number] days of the request for review or variation, they will attempt mediation and will retain the services of a qualified family law mediator with the cost of such mediation [to be shared equally/ born by each party in proportion as set out in paragraph [**s7 calculation].

1.2 In the event mediation proves unsuccessful either party may bring an application to the court to resolve the dispute but, except in the case of an emergency, the party making an application to the court will give the other party no less than 60 days' notice of the application.
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