In business arrangements, it is common practice for parties to anticipate how to address disputes which may arise by including a dispute resolution clause. A well-crafted dispute resolution clause can better ensure that any such disputes among the parties will be handled efficiently and effectively through procedures such as negotiation, mediation or arbitration. Such clauses can also avail parties of other procedures that may be useful to dispute resolution, such as early neutral evaluation or mini-trials.
Even where parties may not have anticipated a dispute by including a dispute resolution clause in their agreements, they can choose to submit the dispute once it arises for dispute resolution under any number of procedures.
Finally, parties might also choose to enter into agreements to utilize various mechanisms to try to prevent conflicts from hardening into disputes in the first place.
CPR provides assistance to parties in all of these situations. To access these services, CPR has developed a set of model clauses to facilitate drafting. CPR encourages parties to seek legal advice before applying these clauses to their situation, and CPR can accept no liability for any issue arising out of a dispute over the usage of these clauses.
This section is designed to assist parties in choosing the most suitable clause for their situation and covers the spectrum of dispute prevention and resolution, including arbitration, mediation, and multistep clauses, as well as other lesser-known processes.