Dispute Resolution

01 Our Philosophy

At That Is A Q, we view disputes not as failures, but as opportunities to strengthen our relationships and improve our processes. Our dispute resolution framework is built on four core principles:

We prioritize direct negotiation and mediation over litigation. Our experience shows that 95% of disputes are resolved through informal discussion or mediation, saving both time and resources for all parties.

• Mutual respect forms the foundation of every interaction
• Direct communication is always the first step we recommend
• Documentation ensures clarity and accountability throughout
• Resolution-focused — our goal is outcomes, not blame

02 Informal Resolution Process

Before pursuing any formal dispute resolution mechanism, we require both parties to attempt informal resolution through the following structured process:

03 Mediation

If informal resolution does not resolve the dispute within 30 calendar days of the initial written notice, either party may request formal mediation.

How Mediation Works

Mediation is a voluntary, non-binding process facilitated by a neutral third-party mediator. Both parties agree to participate in good faith, but the mediator does not impose a decision.

• Mediator Selection: Both parties will jointly select a mediator from a mutually agreed-upon list of qualified professionals. If the parties cannot agree within 14 days, a mediator will be appointed by the American Arbitration Association (AAA) or an equivalent body.
• Location: Mediation will take place in a neutral location, virtually, or at a location mutually agreed upon by both parties.
• Costs: Mediation costs, including the mediator's fees and administrative expenses, will be shared equally between the parties unless otherwise agreed.
• Confidentiality: All mediation proceedings, communications, and documents prepared for mediation are strictly confidential and cannot be used as evidence in any subsequent proceedings.
• Duration: Mediation will be conducted within 30 calendar days of selecting the mediator, though parties may agree to extend this period.

04 Binding Arbitration

If mediation fails to resolve the dispute, any remaining claims or disputes arising out of or relating to our agreement shall be resolved through binding arbitration, except as otherwise provided in Section 6 (Limitations & Exceptions).

Arbitration Rules

1. Governing Rules: Arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) or such other arbitration body as the parties may agree.
2. Arbitrator Selection: A single arbitrator shall be selected jointly by the parties. If the parties cannot agree within 30 days, the arbitrator shall be appointed by the AAA.
3. Seat of Arbitration: Arbitration proceedings shall be held in a location mutually agreed upon by the parties or, failing agreement, as determined by the arbitration institution.
4. Language: All arbitration proceedings shall be conducted in English.
5. Evidence: The arbitrator shall have the authority to determine the admissibility, relevance, materiality, and weight of all evidence and to make rulings on all procedural matters.
6. Award: The arbitrator's award shall be final and binding on both parties, subject only to limited grounds for judicial review as provided under the Federal Arbitration Act or applicable local law.
7. Costs: Each party shall bear its own legal fees and costs. Arbitration administrative fees and arbitrator compensation shall be allocated as determined by the applicable arbitration rules.

05 Governing Law & Jurisdiction

Our agreement and any dispute or claim arising out of or relating to it shall be governed by and construed in accordance with the laws of the applicable jurisdiction, without regard to its conflict of law principles.

Jurisdiction Details

• Primary Jurisdiction: Unless otherwise specified in your signed agreement, the laws of the state/province in which That Is A Q maintains its principal place of business shall apply.
• International Clients: For international engagements, the governing law will be specified in the individual contract. We are experienced in working across multiple legal jurisdictions.
• Consumer Protections: Nothing in this section shall limit any statutory rights or protections afforded to you under applicable consumer protection laws that cannot be waived by contract.

We recommend that all parties consult with their own legal counsel to understand their rights and obligations under the applicable governing law before entering into any agreement.

06 Limitations & Exceptions

While we encourage arbitration for most disputes, we recognize that certain matters require the ability to pursue relief in court. The following exceptions apply:

Matters Not Subject to Arbitration

1. Intellectual Property Infringement: Claims involving infringement or misappropriation of intellectual property rights, including patents, trademarks, trade secrets, and copyrights.
2. Injunctive Relief: Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights, trade secrets, confidential information, or other proprietary rights.
3. Employment Claims: Disputes arising from employment relationships, including claims under employment, labor, or workplace laws, are not subject to this arbitration provision.
4. Statutory Claims: Claims under applicable law that explicitly prohibit arbitration, such as certain consumer protection, employment, or human rights claims.
5. Small Claims: Disputes involving amounts under the applicable small claims court threshold may be pursued in small claims court, subject to the jurisdictional limits of the relevant court.

07 Good Faith Commitment

Throughout any dispute resolution process, both parties agree to act in good faith and with a genuine commitment to resolving the matter efficiently and fairly. This includes:

• Continued Performance: Unless a party has a legitimate and documented reason to do otherwise, both parties agree to continue performing their obligations under the agreement during the dispute resolution process.
• Timely Communication: Both parties will respond to correspondence and requests within the timeframes specified in this policy or as otherwise agreed.
• Preservation of Evidence: Upon notice of a potential dispute, both parties will take reasonable steps to preserve all documents, communications, and other evidence relevant to the matter.
• Non-Retaliation: Neither party will retaliate against the other or any representative for raising a concern or participating in dispute resolution proceedings.
• Business Continuity: Both parties will make reasonable efforts to ensure that any dispute does not unnecessarily disrupt ongoing business operations or affect end users.

08 How to Initiate a Dispute

If you believe a dispute exists or is likely to arise, please follow these steps to initiate the resolution process: