Dispute Prevention Provisions
Despite the general acceptance of alternative dispute resolution provisions in contractual arrangements, to date, there has been little attention given to contractual dispute prevention protocols. In an effort to shift the paradigm, CPR has developed Model Dispute Prevention and Resolution provisions, which parties can modify to utilize in their business arrangements. The primary goals of the model provisions are to establish a framework to identify potential conflicts early and to implement dispute prevention mechanisms to avoid the conflict turning into a value-depleting dispute.
Linked here you will find a memo describing the Model Dispute Prevention and Resolution provisions, a term sheet that outlines the nature of the provisions and three model agreements for a “Standing Neutral,” “Standby Neutral” and “No Neutral” provisions. For full commentary on these provisions, please consult the document in the “related” section.