The Alternative Dispute Resolution Agreement is designed for parties seeking to establish efficient, cost-effective means of resolving disputes without resorting to court litigation. Commonly used in commercial relationships, this agreement, governed by English and Welsh law, provides a framework for handling disagreements through methods such as mediation and arbitration. It includes essential provisions about the appointment of neutral third parties, confidentiality requirements, cost allocation, and specific procedures to be followed when disputes arise. This document is particularly valuable for ongoing business relationships where maintaining commercial relationships is prioritized.
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1. Parties: Identification and details of all parties to the agreement
2. Background: Context and purpose of the ADR agreement
3. Definitions: Key terms used throughout the agreement
4. ADR Procedures: Step-by-step process for dispute resolution
5. Appointment of Mediator/Arbitrator: Process for selecting neutral third party
6. Confidentiality: Provisions regarding confidentiality of the ADR process
7. Costs: Allocation of costs and expenses
1. Multi-Tiered Dispute Resolution: Different levels of dispute resolution (negotiation, mediation, arbitration) - use for complex commercial relationships
2. International Provisions: Specific provisions for cross-border disputes - use when parties are from different jurisdictions
3. Expert Determination: Provisions for technical disputes requiring expert input - use for technical or specialized disputes
1. Schedule 1: ADR Rules: Detailed procedural rules for the ADR process
2. Schedule 2: Fee Schedule: Breakdown of mediator/arbitrator fees and other costs
3. Schedule 3: Time Limits: Detailed timeline for each stage of the ADR process
4. Appendix A: Form of Notice: Template for initiating ADR proceedings
5. Appendix B: Mediator/Arbitrator Qualifications: Required qualifications and experience for neutral third party
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