Clauses

AAA Clause Drafting

Alternative dispute resolution (ADR) allows parties to customize their dispute resolution process. Parties can insert the standard arbitration or mediation clause in their contract and can further customize their clause with options that control for time and cost.

A well-written dispute resolution clause is the foundation of an effective dispute resolution process.  

The AAA developed the ClauseBuilder® online tool—a simple, self-guided process--to assist individuals and organizations in developing clear and effective arbitration and mediation agreements.

Standard Arbitration Clause

Parties can copy and paste these clauses into their contracts. 

  • Commercial (U.S. domestic) - Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
     
  • Construction - Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
     
  • Healthcare payor provider - Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association pursuant to its Healthcare Payor Provider Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
     
  • Employment (employment plan) - Any controversy or claim arising out of or relating to this [employment application; employment ADR program; employment contract] shall be settled by arbitration administered by the American Arbitration Association under its Employment Arbitration Rules and Mediation Procedures and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
     
  • Employment (individually negotiated employment contracts) - Any controversy or claim arising out of or relating to this [employment application; employment ADR program; employment contract] shall be settled by arbitration administered by the American Arbitration Association under its Employment Arbitration Rules and Mediation Procedures and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 
     
  • Labor - Any dispute, claim, or grievance arising from or relating to the interpretation or application of this agreement shall be submitted to arbitration administered by the American Arbitration Association under its Labor Arbitration Rules. The parties further agree to accept the arbitrator’s award as final and binding on them.
Standard Mediation Clause

Parties can copy and paste this clause into their contracts.

If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.

Standard Mediation and If Necessary Arbitration Clause

Parties can copy and paste this clause into their contracts.

The parties hereby submit the following dispute to mediation administered by the American Arbitration Association under its Commercial Mediation Procedures [the clause may also provide for the qualifications of the mediator(s), the method for allocating fees and expenses, the locale of meetings, time limits, or any other item of concern to the parties].

Standard Arbitration Clause Options

Parties can provide for any or all of the following:

  • Number of arbitrators
  • Arbitrators Qualifications
  • Locale Provisions
  • Governing Law
  • Discovery
  • Documents-Only Hearing
  • Duration of Arbitration Proceedings
  • Remedies
  • Assessment of Forum Fees and Attorneys’ Fees
  • Opinion Accompanying the Award
  • Confidentiality
  • Non-Payment of Arbitration Expenses
  • Appeal
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