## Utah IDR for “Issue Dispute Resolution” 24-04 This [[WY IDR 24-03]] (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. [[WikiLinked]] terms herein have their meaning provided in the linked document. Every dispute shall be resolved according to the [[Directory/Agreements/Core/Principles of Peacemaking]], including but not limited to this Principled Resolution Promise: ![[Directory/Agreements/Core/Principles of Peacemaking#Principled Resolution Promise]] - Interpreted in accordance with the [[Principled Peacemakers Compact]]. - A "Principled Peacemaker" is a person who has consented to follow the [[Principled Peacemakers Compact]]. ### 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 24-03]], 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 24-03]] 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 24-03]]. 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 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 [[Directory/Agreements/Core/Principles of Peacemaking]]. In case of scheduling conflicts, the parties agree to use electronic scheduling, for example cal.com, to ensure reasonable availability for each other. ### Conduct 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. A failure to enforce any aspect of the IDR does not imply a waiver of those rights. ### 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. ### Choice of Law and Venue Options The disputing parties are free to select any venue and governing law they mutually agree upon, as long as it aligns with the provisions of this IDR. Unless specified by this IDR or agreed upon in writing by the disputing parties, and the applicable law shall be **`=this.Choice-of-Law`** and **`=this.Primary-Venue`** shall serve as the primary venue for resolving any legal disputes or arbitration arising from the Agreement and/or IDR. In instances where any portion of this IDR is found to be invalid or unenforceable by the chosen venue or judicial authorities display bias against this MNDA, privacy legislation, or encryption rights, any party has the option to relocate the case to any Alternative Venues willing to accept the case. **[[WikiWe Confidants 🤐]] may access the [[Alternative Venues Database]]** and proprietary research. ##### Survivability Clause Notwithstanding any provision found to be invalid or unenforceable by the adjudicating venue, the parties hereby agree that such invalidity or unenforceability shall not affect the remaining provisions of this IDR. All other provisions shall remain in full force and effect, and the parties commit to act in good faith to negotiate a replacement for any invalidated or unenforceable term that most closely matches the intent of the original provision while ensuring compliance with applicable law. This survivability clause ensures the continuity and enforceability of the IDR framework, thereby preserving the parties' intentions and the overall efficacy of the dispute resolution process outlined herein. > [!info]- `=this.license` licensed via **`=this.owner-group`** around `=dateformat(this.file.ctime, "yyyy-MM")`, some rights reserved > ##### Notice `=this.owner-group` >- Notice is effective when made via  `=this.owner-group`, or later specified in effective written notice provided, or by other notice with acknowledgement of receipt. >##### Changes (Last `=dateformat(this.file.ctime, "yy-MM")`) >- This document was last modified `=dateformat(this.file.mtime, "yyyy-MM-dd")`. Any Signal Admin of `=this.owner-group` may propose changes to this document per notice above with changes effective after 7 days without reasoned objection. All changes must be versioned with earlier versions accessible via [WikiWe.org](www.WikiWe.org). >##### Confidentiality Any portion of this content that is shared by either of the Parties with the other Party and marked as confidential shall be treated as confidential under the [[Duties of Confidentiality]] and the primary method for resolving disputes shall be the [[Directory/Agreements/Core/Principles of Peacemaking]]. >##### Arbitration >- Any issue, major misunderstanding, or dispute will be subject to binding arbitration appointed according to the [[Directory/Agreements/Core/Principles of Peacemaking]] and [[Duties of Confidentiality]].