Model Clause (for deeds of trust and prenuptial agreements)

If you are drafting a deed of trust or prenuptial agreement, you should consider what mechanism might assist should something go wrong.

By including a model clause or agreement to mediate any dispute arising under that deed or agreement, you can minimise the time, cost, and stress of resolving that dispute in the future.

The following mediation clause should be included in a deed of trust or prenuptial agreement where the parties wish to have any future disputes resolved by Family Law Mediation under the FDR Centre Family Law Mediation Rules:

 

MEDIATION AGREEMENT

Any dispute or difference arising out of or in connection with this [deed of trust/prenuptial agreement (delete one)] or the subject matter of this [deed of trust/prenuptial agreement (delete one)], including any question about its existence, validity, or termination, shall be referred to mediation in accordance with the Family Law Mediation Rules of the Family Dispute Resolution Centre (FDR Centre).

 

First Party Second Party
Signature:   Signature:  
       
Name:   Name:  
       
       
I,   I,  
Barrister / Barrister and Solicitor of the High Court of New Zealand certify that, before signing this Mediation Agreement, Barrister / Barrister and Solicitor of the High Court of New Zealand certify that, before signing this Mediation Agreement,
     
received independent legal advice as to its effect and implications. received independent legal advice as to its effect and implications.
   
Signature:   Signature:  
       
Date:   Date:  

NOTES:

  1. Your Lawyer must witness this Mediation Agreement.
  2. Parties to an existing dispute who have not incorporated the FDR Centre Family Law Mediation Model Clause into a prior agreement may agree to refer that dispute to mediation under these Rules by signing the Family Law Mediation Agreement at Appendix 2 to the Family Law Mediation Rules.