Example of an Alternative Dispute Resolution Clause - Lexresolv

Example of an Alternative Dispute Resolution Clause

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Introduction

The parties will attempt to resolve the dispute in good faith through an agreed-upon Alternative Dispute Resolution (ADR) procedure, or, in the absence of agreement, through an ADR procedure recommended to the parties by the President or Vice President.

For the time being, to the Chartered Institute of Arbitration.

The seat of the arbitration shall be England and Wales. 

If the parties cannot agree on an arbitrator, or on the Rules for Arbitration.

Therefore, any party, after written notice to the parties, applies to the Chartered Institute of Arbitrators.

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Suggested Arbitration Clause

“Any dispute or difference arising out of or in connection with this contract shall be done by the appointment of a single arbitrator to be done upon by the parties.

If the agreement cannot be done within fourteen days after either party has given the other a written request to concur, hence, in the appointment of an arbitrator.

Suggested Arbitration & Mediation Clause 

Upon receipt of a written notice of agreement from either party.

The parties will endeavor to agree on the appointment of a mediator.

Should the parties fail to reach an agreement within fourteen days. Therefore, it connects.

Chartered Institute of Arbitrators

Should the mediation fail in whole or in part, party may apply to the President or the Vice President.

The Chartered Institute of Arbitrators goes on for the appointment of a single arbitrator.

The ultimate determination after giving written notice and within twenty-eight days.

Hence, The arbitrator shall have no link with the mediator or the mediation proceedings.

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Recommendations

When a party notifies the other parties in or for the writing the nature of the issue and requests that it be addressed under this provision.

Hence, the dispute involving or arising out of this Agreement exists.

Any dispute between the parties must be referred to:

* negotiation; if that fails, * mediation; if that fails, * arbitration.

The parties must seek an amicable resolution to the disagreement within ten business days of notification by referring it to designated and authorized representatives of each party to negotiate and resolve it by the parties signing an agreement settling it within 15 business days. [private]

If negotiations fail, the parties must bring the matter to the Arbitration Foundation of Southern Africa for mediation under its procedures (or its successor or body nominated in writing by it in its stead).

If mediation fails, the parties must send the issue to arbitration (including any appeal against the arbitrator’s judgment) by one arbitrator (selected by the parties) as an expedited arbitration in Sandton under the then-current AFSA guidelines for expedited arbitration.

Hence, written agreements between the parties might shorten or lengthen the negotiating or mediation sessions.

This clause does not preclude any party from seeking interim relief in urgent matters from an appropriate court of law, such as an interdict or mandamus, pending the completion of this dispute resolution process for which the parties irrevocably submit to the jurisdiction of a division of the High Court of the Republic of South Africa.

This clause is a separate, divisible agreement from the rest of the Agreement. It must survive any termination, nullification, or cancellation of the Agreement for any reason.

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Arbitration Act, 1996

The arbitration will take place in England and Wales.

The Company and Executive mutually agree that any controversy or claim arising out of or relating to this Agreement or the breach thereof.

Civil Law Self-Help Center for Alternative Dispute Resolution. Therefore, as a fallback process, specifying that the parties will agree on the identity and remuneration of the mediator or other dispute resolution practitioner can be useful.

Hence, ADR procedure for resolving disputes is recommended by the parties.

Suggested Construction Adjudication Clause 

Thus, a party to this contract (“the Referring Party”) may give written notice to the other party.(“the Notice”)

If it’s intention to refer a contract dispute to adjudication at any time.

Therefore, the parties may agree on the adjudicator’s identity.

At any time, a party to this contract (“the Referring Party”) may give the other party (“the Notice”) and hence, the written notice of its intention to refer a contract disagreement to adjudication.

Conclusion in Terms of referring party

Although, the parties may agree on the identity of the adjudicator.

Therefore, the parties cannot agree on an adjudicator within two days of receiving the Notice.

As a result, the Referring Party must apply to the Chartered Institute of Arbitrators for adjudicator nomination.

The adjudicator may decide to investigate the facts and the legislation on his or her own.

The agreement, the adjudicator’s decision is final.

REFERENCES

https://www.adr.org/sites/default/files/document_repository/Drafting%20Dispute%20Resolution%20Clauses%20A%20Practical%20Guide.pdf

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