Resolving Cannabis Disputes with Expertise & Precision
Dedicated to the Art of Dispute Resolution!
The CBD Program
The Cannabis Business Dispute (CBD) Program is a dedicated arbitration and mediation service offered by DeMars & Associates, Ltd. to address the growing demand for efficient, confidential, and expert dispute resolution within the cannabis sector.
As the cannabis industry navigates a complex and evolving regulatory landscape, disputes between businesses, partners, licensees, and consumers require a neutral forum staffed by practitioners who understand the industry's unique challenges, including licensing and supply chain disagreements, intellectual property, and commercial contract disputes.
Our CBD Program provides parties with a structured, neutral, and enforceable process, offering mediation, arbitration, or a combination of both, with the goal of reaching fair and efficient resolutions outside of traditional litigation.
Sample Arbitration Clauses
The following sample clauses may be incorporated into commercial agreements to designate the CBD Program as the forum for dispute resolution. Parties may select mediation, arbitration, or a combined multistep process depending on their needs.
Mediation Only
Any claim, dispute, or controversy arising out of or related to this Agreement, or the breach, termination, or validity thereof, shall be submitted to mediation administered by the DeMars Cannabis Business Dispute Program in accordance with its applicable rules and procedures in effect at the time the dispute is submitted. The mediation shall be conducted by a neutral mediator qualified in accordance with the DeMars Cannabis Business Dispute Program's panel requirements. The cost of mediation, including the mediator's fees and administrative fees, shall be shared equally by the parties unless otherwise agreed in writing.
This clause results in a non-binding resolution process. Parties retain the right to pursue further legal action if mediation does not result in a resolution.
Arbitration Only
Any claim, dispute, or controversy arising out of or related to this Agreement, or the breach, termination, or validity thereof, shall be resolved by arbitration administered by the DeMars Cannabis Business Dispute Program in accordance with its applicable rules and procedures in effect at the time the dispute is submitted. The arbitration shall be conducted by a neutral arbitrator qualified in accordance with the DeMars Cannabis Business Dispute Program's panel requirements. The arbitrator's decision shall be rendered in writing and shall set forth the basis for the award.
This clause results in a binding resolution process. The arbitrator's written decision is final and enforceable.
Mediation & Arbitration of Disputes
Any claim, dispute, or controversy arising out of or related to this Agreement, or the breach, termination, or validity thereof, shall be resolved in accordance with the following multistep process administered by the DeMars Cannabis Business Dispute Program.
The parties shall first submit any dispute to mediation administered by the DeMars Cannabis Business Dispute Program in accordance with its applicable rules and procedures in effect at the time the dispute is submitted. The mediation shall be conducted by a neutral mediator qualified in accordance with the DeMars Cannabis Business Dispute Program's panel requirements. The costs of mediation, including the mediator's fees and administrative fees, shall be shared equally by the parties unless otherwise agreed in writing. No party may proceed to arbitration under Step Two unless and until mediation has been initiated and concluded in accordance with this provision.
If the mediation is unsuccessful, any party may escalate the dispute to arbitration by submitting a formal written notice of impasse to the DeMars Cannabis Business Dispute Program and to all other parties. Such notice shall confirm that mediation was conducted and that the parties were unable to reach a resolution. Upon receipt of the notice of impasse, the dispute shall be submitted to arbitration administered by the DeMars Cannabis Business Dispute Program in accordance with its applicable rules and procedures in effect at the time the dispute is submitted. The arbitration shall be conducted by a neutral arbitrator qualified in accordance with the DeMars Cannabis Business Dispute Program's panel requirements. The arbitrator's decision shall be rendered in writing and shall set forth the basis for the award.
Step One (mediation) is non-binding. Step Two (arbitration) is binding and results in a final, enforceable decision.
Discuss Your Dispute Resolution Needs
Contact DeMars & Associates, Ltd. to learn more about the CBD Program or to discuss incorporating these provisions into your agreements.