This form is a Private Dispute Resolution Clause usable to compel negotiation and mediation prior to arbitration or litigation in contracts where licensing, patents, or commercial trade secrets are a factor.
Maine Private Dispute Resolution Clause
State:
Multi-State
Control #:
US-TS10042B
Format:
Word;
PDF;
Rich Text
Instant download
Description
How to fill out Private Dispute Resolution Clause?
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FAQ
The main advantages of solving a problem with ADR are: it's usually cheaper, more flexible, faster and less stressful than going to court. you might receive compensation. it's confidential.
A sample clause which provides for negotiation follows. NEG 1 In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement.
Mandatory arbitration clauses usually declare that the parties will not litigate their legal problems if a dispute occurs over the contract, such as a breach of contract or business dispute. Instead, the parties agree to arbitration to resolve the dispute.
In private judging, parties authorize an expert in their legal dispute to resolve the issue. The parties hire a private judge, often a former judge or an attorney. The parties take turns presenting their case to the judge, after which the judge issues a legally binding decision. The court appoints a private judge.
Sample Clauses Providing for Ad Hoc Arbitration. ?Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in ance with the UNCITRAL Arbitration Rules as at present in force.?
(a)Any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or validity thereof (?Dispute?) which arises between the Parties shall first be negotiated between appropriate senior executives of each Party who shall have the authority to resolve the matter.
Any dispute arising out of or in connection with this contract shall, at first instance, be referred to a mediator for resolution. The parties shall attempt to agree upon the appointment of a mediator, upon receipt, by either of them, of a written notice to concur in such appointment.
(b) Pretrial Order and Trial Management Conference. Unless the court has ordered otherwise when the action is placed on the trial list, the court shall enter a pretrial order setting deadlines for final pretrial filings and settlement discussions.
