Common use of Temporary Relief Clause in Contracts

Temporary Relief. A. A party may request immediate temporary relief (e.g., temporary restraining order, preliminary injunction) to safeguard property or rights that are subject to a contract clause or agreement that requires arbitration or mediation/arbitration under these rules. Such extraordinary relief will not be granted unless the moving party has demonstrated, by a clear showing: (1) a substantial likelihood of prevailing on the merits; (2) a substantial threat of irreparable harm if the temporary relief is not granted; (3) that the threatened injury outweighs any harm that may result to the non- movant from an injunction or other relief; and (4) that the temporary relief will not undermine public interests. B. Temporary relief may be granted at any stage of the conciliation process and shall be fashioned so as not to substantially prejudice the rights of the parties or the final determination of the dispute. C. Matters of temporary relief shall be decided by the arbitrators, or, if they are not yet appointed, by temporary arbitrators appointed by the Administrator. If an Administrator has not yet been appointed, the Institute for Christian Conciliation shall serve as Administrator for purposes of this rule. D. A request for temporary relief is subject to Rule 40C. E. Decisions regarding temporary relief may be entered in any court otherwise having jurisdiction.