A well-constructed dispute resolution clause is the foundation of a cost-effective and efficient dispute resolution process. Yet courts regularly are faced with arbitration clauses that are problematic in some respect.
Inserting an alternative dispute resolution (ADR) clause in their contracts allows parties to customize the dispute resolution to their individual circumstances. Since arbitration is a creature of contract, parties must be very clear concerning the process they have elected to utilize to resolve potential disputes.
The Four Musts of a