ADR Clauses

Mechanisms for appropriate dispute resolution should be considered when entering a contract. A dispute resolution clause specifying that alternative processes should be followed in the event of a dispute may assist in avoiding the cost and disruption of litigation, and provide the parties with a greater level of flexibility and control over the process.

To assist in this regard, ADC has developed model dispute resolution clauses for different ADR processes. These clauses are available to download free of charge.  Please read the disclaimer carefully prior to using the clauses and seek legal advice as required.

To assist in this regard, ADC prepares the model dispute resolution clauses for different processes. These clauses are available to you free of charge, however you must read the following disclaimer.

ADC Dispute Resolution Sample Clauses 2015

Disclaimer

The sample clauses and documents (“wordings”) provided by ADC are not intended to fit all dispute situations nor do they necessarily cover the particular circumstances of your agreement or dispute.  You and your legal advisers must carefully consider how appropriate the sample wordings are for your agreement and the kinds of dispute they may need to cover and if necessary amend the sample wordings to suit your particular circumstances.  You agree to rely on your own professional advice and to accept responsibility for the use of any of the wordings.  These are provided for general guidance only.

The use of certain processes, for example  Expert Determination, is usually confined to resolution of technical matters, quantification, valuations and rent reviews and the wording should be adapted to the particular context.   Expert Determination is also usually appropriate where the parties’ relationship is such that formal enforcement through the courts will not be necessary.  The comparative advantages of different dispute resolution processes should be considered in the particular context.  You may wish to seek legal advice as to the dispute resolution process that is most appropriate to your particular circumstances.