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1. Parties: Identification of all parties entering into the ADR agreement, including their legal names, addresses, and designation
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Key terms used throughout the agreement and their specific meanings
4. Scope of Agreement: Types of disputes covered by the ADR process and any specific exclusions
5. ADR Process: Step-by-step description of the dispute resolution process, including mediation and arbitration procedures
6. Notice Requirements: Process for initiating ADR and required notifications between parties
7. Selection of Mediator/Arbitrator: Process for choosing neutral third parties and required qualifications
8. Costs and Fees: Allocation of ADR costs between parties and payment terms
9. Confidentiality: Obligations regarding confidentiality of the ADR process and its outcomes
10. Governing Law: Specification of applicable law and jurisdiction
11. Binding Effect: Statement on the binding nature of the agreement and any awards/decisions
1. Multi-tiered Dispute Resolution: Used when implementing a staged approach to dispute resolution (e.g., negotiation, then mediation, then arbitration)
2. International Enforcement: Include when parties are from different jurisdictions or enforcement might be needed internationally
3. Emergency Arbitrator Provisions: Used when parties want to include procedures for urgent interim relief
4. Class Action Waiver: Include when parties wish to prohibit class-wide arbitration
5. Specific Industry Requirements: Used when the industry has particular dispute resolution requirements or standards
6. Appeals Process: Include when parties want to allow appeals of arbitration decisions
7. Virtual Proceedings: Used when parties want to explicitly allow or specify rules for remote ADR proceedings
1. Schedule A - ADR Procedures: Detailed procedures for conducting mediation and arbitration sessions
2. Schedule B - Fee Schedule: Detailed breakdown of administrative fees, arbitrator fees, and other costs
3. Schedule C - Approved Mediators/Arbitrators: List of pre-approved neutrals if parties agree to select from a specific pool
4. Appendix 1 - Notice Forms: Template forms for initiating various ADR processes
5. Appendix 2 - Confidentiality Agreement: Standard form confidentiality agreement for all participants
6. Appendix 3 - Time Limits Summary: Chart summarizing all relevant time limits and deadlines in the ADR process
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Professional Services
Construction
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Healthcare
Financial Services
Real Estate
Energy
Retail
Education
Transportation
Agriculture
Mining
Entertainment
Telecommunications
Legal
Compliance
Risk Management
Corporate Governance
Operations
Human Resources
Procurement
Business Development
Contract Administration
Executive Leadership
Legal Counsel
Contract Manager
Risk Manager
Compliance Officer
Business Development Manager
Chief Legal Officer
Chief Executive Officer
Chief Operating Officer
Project Manager
Procurement Manager
Human Resources Director
General Counsel
Commercial Director
Operations Manager
Corporate Secretary
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