By Fred Reilly

In my 25 year career as an attorney, there have been very few times that I’ve encountered a legal client who was wildly enthusiastic about litigating a dispute in court. Business people want to do business; they don’t want to litigate.

One of the best ways to avoid litigation is to include a pre-suit mediation provision in your contract.

A pre-suit mediation provision sets forth a mandatory process for mediating a dispute, the applicable procedure, and how the parties will share the mediation costs. This innovative provision has gained increasing popularity over the past few years as more businesses owners take proactive measures to guard against costly litigation.

If the parties to a civil dispute go to court, the judge will require mediation at some point in the litigation process anyway. Why not save the time, effort, and expense of litigation by first attempting pre-suit mediation? Plus, there’s a high likelihood that the dispute will get resolved at the pre-suit mediation stage – most do.

What are the compelling reasons for a pre-suit mediation provision?

1. Cost. As a business person, would you rather (a) initiate and conduct an informal mediation conference within 30 days of a dispute arising, or (b) write the check for a team of attorneys to litigate the dispute over the course of the next year?

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2. Speed. In the Pre-suit Mediation provision, the parties can specify the time period in which the mediation conference will be initiated. For example, the parties can specify that the conference will be held within 30 days of a party requesting mediation.

3. Informality. The mediation conference can be held in one of the parties’ offices or in the conference room of the mediator. Contrast one of these informal settings with the formality of an imposing courtroom complete with attorneys, a judge, and jury.

4. The parties control the process. In a mediation conference, the parties are at liberty to tell their stories and negotiate a resolution in an informal, private setting without a judge or rigid rules dictating the process.

5. Confidential. A trial is open to the public. A mediation conference is a private meeting in which the parties are obligated to maintain confidentiality.

6. A trial is about lawyers. A mediation conference is about finding a way for the parties to resolve their dispute on terms that they can live with.

As a matter of course, I encourage my business clients to include a pre-suit mediation provision in their business relationship contracts (i.e., Agency Agreement, Distributorship Agreement, etc.) and specifically in their website Terms and Conditions. Companies that do business over the internet have a compelling reason to proactively avoid litigation in faraway jurisdictions. It’s far preferable to resolve a dispute by implementing the pre-suit mediation process.

What should be included in a pre-suit mediation provision?

1. Define how the mediator shall be chosen.

2. Define what procedure shall apply to the mediation conference.

3. Establish firm timelines for the parties to take action.

4. A statement that the parties shall pay their own attorney’s fees and pay an equal share of the mediator’s fees.

Inclusion of a pre-suit mediation provision in your web-based contracts is one of the most cost-effective ways to reduce your exposure to expensive litigation.

Do your contracts include this innovative provision?

This article is an excerpt from ’12 Website Legal Issues for Small Businesses and Entrepreneurs.’

About the Author: Fred Reilly is an attorney licensed in California, Florida, and as an English Solicitor.

To download a free copy of “12 Website Legal Issues for Small Businesses and Entrepreneurs” click on Free Website Legal Issues eBooklet


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Submitted by: Alonzown Maddox

Not long ago a company called is listed on the search enquiry of Wholesale and China Wholesale in Google. A lot of people are very keen to lean more about it since it has listed above, the largest wholesaler in USA. Today we will show you a tour on this mystical wholesale website.

Who is ?

Located in GuangZhou ,the trade center of China, a brand new wholesale e-commerce company named BangGood was founded in 2002.BangGood is one of the most well liked Chinese wholesale distributors of the moment. Products are sourced from manufacturers, and are only included into the catalogue after a quality assurance process.

No matter what quantity about your order, so all products are suited to both resellers aiming to maximize margins or individuals that would like to save some money while you shpping here. Nevertheless, you may get better deals while you buy quite a few units either on the Wholesale section of the site or contacting a Sales Manager.

Is safe?

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The answer is simple: yes.It is a legitimate company that want to keep making money satisfying buyers as an alternative to ripping them off.

Notice that BangGood offers Google Checkout, which is only accessible to merchants based on US or UK. Google also assigns them a PageRank value of 4 out of 10, which a scam site would not imagine.On the other hand, of course when you purchase from China, it is advisable to be careful and use payment methods that offer additional protection measures for buyers, such as Paypal or Google Checkout. If things go really bad, you could escalate to your Credit Card company and claim for a charge-back.

what they sell ? When I make deals with them, am I deal with an unknown seller ?

In truth, a number of frequent visitors may know that we have reviews on another Chinese wholesale company called DHgate, a very popular wholesale marketplace for eBay seller. when you make deals in DHgate, you are making business with its sellers. Even so, It is obviously different here in BangGood is a merchant. means you contact them directly. You can complaint directly without any 3rd party handling and transferring. One of my friends has buy lots of goods from, he confirmed with me that all the products were shipped from same address in GuangZhou. I also had enquired about their souring and logistics process. It seems that they have their own warehouse and they will check the products before they send them out.

How about the products ? Especially the iPhone ?

Numerous customers will found plenty of iPhone listed on BangGood. Actually, I think that it is only to attract your eyes. The real accessible products are those copied iPhone, Hiphone? CNET phone, Xphone….These copied iPhones are really crazing and cool for the outlook which is the same with Apple Iphone, in addition, they have more innovative functions, for instance you can shake it to receive a call or to change the song playing. They are fabricated from cheap microchips from Taiwan but all the functions are just a little slow working than the authentic iphone. You should never expect those copied iPhone has wifi function and would work like the real one but you can still surf the wap.The other products are cool with competitive prices. But just like other China wholesaler, you should never expect that the brand items are direct from its OEM factories.

Delivery & Support

Definitely, BangGood does not allow explicitly customers to select a specific courier, and commonly they will use EMS, DHL, UPS or TNT depending on what suits best to the order. In the event you purchase large quantities of branded items, you’d better ask BangGood to split them into different packages.

About the Author: We are the biggest Chinese wholesaler,we supplies many kinds

,multifunction,low price.


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