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CPR Resources


Find practical commercial ADR clauses,
rules and
other resources to support
your  work and to protect your business
agreements.
ADR Articles


Read, comment on and share recent articles on commercial dispute resolution, including CPR's Master Mediator Column. >more
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Listen to and download the latest episode of CPR's International Dispute Negotiation Podcast Series. >more
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CPR's ADR Clauses, Rules and Other Business Resources
CPR helps in-house counsel and the law firms that represent them become better problem solvers, lower litigation costs, and gain better, more efficient results from using ADR methods. CPR harnesses the collective expertise of ADR thought leaders and industry experts in crafting model ADR clauses, rules, codes, and procedures for business agreements and practices. By providing objective and practical research, tools, and service, CPR helps you improve conflict management efforts and enhance long-term business results.
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Why Use Pre-dispute Resolution Clauses?
The best time to agree on a sensible way to resolve a contractual dispute is when parties are negotiating their business agreement, before any dispute has arisen. A cooperative atmosphere typically prevails at that juncture, so that agreeing on rational, fair dispute resolution procedures can be built into the negotiating process. Once disputes erupt, it can be much more difficult for parties to agree about anything.

Why Use ADR? 
"Too much, too time consuming and too expensive." That is the consensus in the business community about litigation.  Most disputes between responsible parties can be settled by negotiation. But when negotiations fail, sequential use of multi-step alternative dispute resolution, or ADR, provides an alternative to litigation. > Learn more
NEW Resources and Tools
  • ADR Topic Call - Members Only Learn More
  • NEW! CPR's Guidelines for Arbitrators Conducting Complex Arbitrations (2012) >more
  • NEW! CPR's Guidelines on Early Disposition of Issues in Arbitration provides a balanced approach in the management of arbitration proceedings. >more
  • NEW! CPR's Protocol on Determination of Damages in Arbitration provides guidance to arbitrators, counsel and their clients. >more
  • NEW! CPR’s Evaluation Tool facilitates a more informed evaluation of potential arbitrator and mediator candidates. >more
  • 2010 REVISION! CPR's Early Case Assessment Toolkit  >more
  • CPR's Economical Litigation Agreement can be a means of reducing civil litigation costs. >more
ADR Suitability Guide (For Members Only)

Overview

In 1998, the International Institute for Conflict Prevention & Resolution (formerly CPR Institute for Dispute Resolution) developed an ADR Suitability Screen to assist lawyers and clients in determining whether a particular dispute is suitable for resolution through ADR. That instrument was adapted from a screen developed by Debevoise & Plimpton under the leadership of Robert L. King.  In the years since those efforts, empirical research and practitioner experience with ADR has grown, especially in regard to mediation, the most popular of the nonbinding ADR processes.  Under the guidance of the CPR ADR Suitability Committee, the current 2001 revision and expansion of the ADR Suitability Screen into the ADR Suitability Guide incorporates new knowledge in a practice relevant, state-of-the-art manner.

The Guide is applicable to a wide range of disputes.  In some instances, certain sections or questions will be more relevant to one category of disputes (such as business disputes between companies) than to another. The Guide is designed both for the less experienced practitioner and the seasoned attorney.
CPR’s Early Case Assessment Toolkit (ECA) (For Members Only)

CPR’s Early Case Assessment Toolkit (ECA) outlines a simple conflict management process designed to facilitate more informed and expedited decision-making at the early stages of a dispute. The process calls for a team working together in a specified time frame to gather the key facts of the dispute, identify the key business concerns, assess the various risks and costs the dispute poses for the company, and make an informed choice or recommendation on how to handle the dispute.

While one of the possible recommendations could be to settle or resolve the dispute, CPR wishes to emphasize that these Guidelines are not about settlement, although that could be one possible outcome of Early Case Assessment. Instead, these Guidelines focus on evaluating the dispute so that an appropriate strategy can be formulated, whether that is settlement, full-bore litigation, or something in between, with an eye toward reducing or eliminating disputes as soon and as inexpensively as possible. 

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