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Alternative Dispute Resolution Clause.pdf

General Contract Clauses Alternative Dispute Resolution Multi-Tiered TN w-008-4072_CLEANED.pdf
Preview of Alternative Dispute Resolution Clause
🔗 Source: bakerdonelson.com
📊 Size: 235 KB
📄 Pages: 8 pages
⬇️ Downloads: 171

Summary

A Standard Clause requires parties to resolve disputes via alternative dispute resolution (ADR) under Tennessee law, including negotiation and mediation before litigation or arbitration. The clause typically involves:
• Negotiation among parties at the operations level
• Submission to senior executive level negotiations if unresolved
• Mediation if negotiations fail
• Litigation or arbitration if mediation is unsuccessful.
A properly drafted multi-tiered ADR clause can provide a private, less adversarial forum for dispute resolution, preserve commercial relationships, and save time and expense. However, it may also allow parties to defer obligations, increase costs if mediation fails, and has enforceability considerations. Tennessee courts have addressed the enforceability of such clauses, which are more likely to be enforced if they clearly express conditions precedent to escalating disputes to litigation or arbitration.

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Description

A Standard Clause requires parties to resolve disputes via alternative dispute resolution (ADR) under Tennessee law, including negotiation and mediation before...

Technical Information

  • File Format: PDF
  • File Size: 235 KB
  • Pages: 8
  • Language: EN
  • Total Downloads: 171
  • Last Updated: 1 week ago

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