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.
Maryland 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
When ADR Might Not Work. Abuse and imbalance of power. Certain cases ? such as those involving divorce and sexual harassment ? invoke issues of abuse and power imbalance. For example, if there are allegations of domestic violence in a family law matter, ADR may not be feasible.
The parties agree that any claim or dispute relating to this agreement, as well as any other matters, disputes, or claims between them, shall first be Mediated and/or Arbitrated in an attempt to resolve any and all issues. Initially, the parties agree to consider mediating the dispute.
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.
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.
To Come to a Mutually Beneficial Agreement Parties wanting to come to a solution that best benefits everyone involved might choose alternative dispute resolution. This option is advantageous when the parties want to act benevolently towards each other or must continue to work together in some capacity.
As a point of categorisation, the expression "dispute resolution clause" refers to the contractual provisions by which parties specify how their disputes are to be resolved: this includes arbitration, mediation and reference to litigation through the courts (commonly referred to as a "jurisdiction clause").
Some common methods of dispute resolution that a private judge may use include adjudication, mediation, arbitration, settlement conferences, collaborative law, and case evaluation.
In non-regulatory sectors, ADR is usually voluntary. However, membership of a trade association or a 'trusted trader' scheme may be dependent on the trader agreeing to use ADR in respect of genuine consumer complaints. Trade associations often provide or arrange the ADR scheme for their members.
