This form is a Private Dispute Resolution Clause usable to compel negotiation and mediation prior to arbitration or litigation in contracts where licensing, patents, or commercial trade secrets are a factor.
Arizona Private Dispute Resolution Clause
State:
Multi-State
Control #:
US-TS10042B
Format:
Word;
PDF;
Rich Text
Instant download
Description
How to fill out Private Dispute Resolution Clause?
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FAQ
The primary objectives of mediation are to enable and empower the parties to negotiate and resolve the dispute promptly, cost effectively, and confidentially rather than have a decision imposed upon them by a judge or arbitrator.
Rule 65 (Failure to Make Disclosures or to Cooperate in Discovery, Sanctions). This rule addresses the procedures to force a party to make certain disclosures or to comply fully with discovery requests described in the other rules if the party fails to so comply.
Rule 67.4 - Settlement Conferences (a)Generally. On a party's motion or on its own, the court may order the parties to attend a settlement conference. If the parties agree, the assigned judge or commissioner may conduct the settlement conference.
Rule 68 - Offer of Judgment (a) Time for Making; Procedure. Any party may serve on any other party an offer to allow judgment to be entered in the action. (1)Trial. An offer of judgment must be made more than 30 days before trial begins.
The main advantages of solving a problem with ADR are: it's usually cheaper, more flexible, faster and less stressful than going to court. you might receive compensation. it's confidential.
Confidentiality is essential because of the needs for candor, fairness to the disputants, and clear neutrality of the mediator. In addition, privacy is a reason why many people choose mediation.
Rule 67.3 - Private Mediation (a)Generally. Private mediation is a voluntary and confidential process in which parties confer with a neutral mediator to help them resolve the dispute. The parties may retain a private mediator under Rule 67.3(d), or a private mediator may be selected by the court under Rule 67.3(e).
Rule 72 - Suitability for Arbitration (a) Decision to Require Compulsory Arbitration. Rules 72 through 77 apply if the superior court in a county, by a majority vote of the judges in that county, decides to require arbitration of certain claims and establishes jurisdictional limits by local rule under A.R.S. § 12-133.
The court may vacate the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment. The relief, if granted, must be limited to the question or questions found to be error, if separable.
A dispute resolution clause is a critical clause of any contract. It will outline how parties should respond in a dispute and the preferred dispute resolution process and will avoid premature and unnecessary court proceedings.
