This form contains several boilerplate contract clauses that provide for an enforceable waiver of the right to trial by jury for any actions or claims that may arise under the contract agreement.
New Hampshire Negotiating and Drafting an Enforceable Jury Waiver Provision: In New Hampshire, negotiating and drafting an enforceable jury waiver provision is a crucial aspect of legal agreements. A jury waiver provision allows parties to a contract to waive their right to a trial by jury and instead rely on alternate dispute resolution methods like arbitration or mediation. This provision is particularly useful in commercial contracts, where parties often prefer a more expeditious and cost-effective resolution to disputes. To ensure the enforceability of a jury waiver provision in New Hampshire, certain key factors need to be considered during negotiation and drafting. These factors include language clarity, mutual consent, specificity, and compliance with applicable laws. Attorneys and legal professionals involved in these negotiations should be well-versed in the nuances of New Hampshire law to produce a well-crafted provision. Different types of New Hampshire negotiating and drafting an enforceable jury waiver provisions can include: 1. General Jury Waiver Provision: This type of provision generally encompasses contracts where parties agree to forgo their right to a jury trial in any potential disputes that may arise. 2. Limited Jury Waiver Provision: This provision is more specific and applies only to certain types of disputes listed within the contract. It allows parties to retain their right to a trial by jury for other matters not explicitly mentioned. 3. Voluntary Mediation or Arbitration Clause: While not strictly a jury waiver provision, these clauses often work in conjunction with waivers. They provide alternatives for resolving disputes outside of litigation, enhancing enforceability while reducing costs and delays associated with jury trials. 4. Waiver Provision Exception: In some cases, parties may include exceptions to the general waiver provision, preserving the right to a jury trial under specific circumstances, such as cases involving egregious breaches or injunctive relief requests. When negotiating and drafting these provisions, it is essential to incorporate specific language addressing the intent of the parties and their agreement to waive their right to a jury trial knowingly and voluntarily. Parties should seek legal advice to ensure the provision complies with New Hampshire statutory requirements and court precedents. Overall, negotiating and drafting an enforceable jury waiver provision requires careful consideration of the parties' specific circumstances, the type of contract, and adherence to New Hampshire law. By incorporating appropriate legal language, clarity, and consideration of exceptions, parties can create a robust provision that protects their rights while promoting an efficient resolution of potential disputes.
