Our standard agreement has a cluse that says “the parties agree that any litigation that may arise between them will be conducted in the courts of British Columbia pursuant to the laws of the Province of British Columbia” Do other school districts have something like this?
I’m negotiating with an agent in Mexico who doesn’t want this clause. I had proposed:
In the event of disagreement, all efforts will be taken to find a mutually agreeable solution without taking legal action. If resolution to a disagreement cannot be mutually agreed upon litigation will be conducted in the Courts of British Columbia pursuant to the laws of the Province of British Columbia.
They don’t like that either and want something about litigation happening in the country of the party most affected by the disagreement. My bosses don’t like that. It all seems like much ado about nothing, but I see the need to protect ourselves. How do other districts handle it?
In all three organizations I have worked for, I have stood by, “This is what Legal has approved. Can’t change it.” The two agents who argued it seemed to be protesting too loudly – rather than being proactive as it seemed, they had had legal problems stemming from their poor practices.