ADR Strategies for In-House Counsel
 

Maximize the benefits dispute resolution and lower litigation costs for your business. Keep conflicts confidential.

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Over half of the Fortune 1000 corporations use Alternative Dispute Resolution (ADR) as a primary means of resolving disputes. ADR Clauses in company contracts limit litigation and potential lawsuits. Companies of all scales and sizes are utilizing ADR because it not only saves time and money, but also provides a variety of options for conflict resolution by a Mediator or Arbitrator in a private, confidential setting. 

 

Pacific ADR can help businesses create an ADR protocol for their company contracts. We can help you draft this protocol from the planning to the final stages based on your company's needs. We can also advise in-house counsel on best practices, assist in changing pre-existing contracts, advise on early intervention, and help with interoffice conflict resolution. A well-written dispute resolution clause is the foundation of an effective dispute resolution process and Pacific ADR is here to help! 

 

Learn More About the Benefits of ADR 

 

Resources for in-house counsel are also available in Spanish.

 

Pacific ADR provides effective options and ADR solutions for business including:

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Customized ADR Programs

Pacific ADR may design and implement company-sponsored ADR programs, including those required in response to:

• catastrophic events ( for example: natural disasters, accidents, or negligent acts)

• class actions

• mass torts

• disputes that impact or may impact business

Initiate programs whenever the need arises — before, during or after a causative event

Tailor the ADR process to suit your company's specific needs

 

Pre-Conflict Agreement Drafting

Drafting of agreements which determine how to resolve disputes within the company before they arise

Avoiding litigation by stipulating to mediation and/or arbitration clauses in contracts

Minimize the costs of resolution by allowing Pacific ADR to draft ADR clauses in contracts

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Early Intervention Solutions

Pre-Dispute Mediation Services

Structured Negotiations with a Pacific ADR Neutral

Project Neutrals

Retain control by handling matters in-house or online via video technology

Collaborate on solutions with neutrals who have substantive experience in the matter

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Mediation / Mediation Clause Drafting

Pacific ADR Neutrals specialize in mediation and arbitration

We provide both facilitative and evaluative mediation services

Craft a conflict resolution protocol via a mutually agreed upon and collaborative process or use the following examples:

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Pacific ADR's Alternative Dispute Resolution services allow for parties to customize their dispute resolution process. Parties can insert these standard mediation and arbitration clauses into their contracts. Pacific ADR can further customize these clauses with options that are cost and time efficient. Below are examples of Pacific ADR mediation clauses for in-house contracts.

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Standard Sample Mediation Clause:

Parties may copy and paste this clause into their applicable contracts.

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If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by Pacific ADR, LLC under its Mediation Procedures, before resorting to arbitration, litigation, or some other dispute resolution procedure.

 

or

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The parties hereby submit the following dispute to mediation administered by Pacific ADR, LLC under its Mediation Procedures [the clause may also provide for the qualifications of the mediator(s), the method for allocating fees and expenses, the locale of meetings, time limits, or any other item of concern to the parties].

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Standard Sample Mediation and If Necessary, Arbitration Clause

Parties may copy and paste this clause into their applicable contracts.

 

If a dispute arises out of or in connection with the Parties’ terms of engagement, the parties shall first refer the dispute to Pacific ADR, LLC (Pacific ADR) for mediation pursuant to Pacific ADR’s current mediation procedures.  The parties shall agree upon, or Pacific ADR shall select, a mediator from its panel of neutrals.  If the dispute is not resolved by mediation within forty-five (45) days after appointment of the mediator or within such other period as the parties may agree in writing, such dispute shall thereafter be resolved by arbitration administered by Pacific ADR, LLC. If the arbitrator selected by the Parties has also served as the mediator of the Parties’ dispute, the Parties hereby waive the confidential nature of all communications as between themselves and the mediator during the mediation.

 

Arbitration / Arbitration Clause Drafting

Arbitration of all types of disputes through Pacific ADR

Expedited Online Summary Arbitration Procedure

Appeals Process

Ability to select a Pacific ADR neutral with relevant expertise

Control the process with custom Pacific ADR Arbitration Rules & Procedures

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Pacific ADR's Alternative Dispute Resolution services allow for parties to customize their arbitration process. Parties can insert this standard arbitration clause into their contracts. Pacific ADR can further customize any clause with options that are cost and time efficient. Below are examples of Pacific ADR arbitration clauses for in-house contracts.

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Standard Sample Arbitration Clause

Parties may copy and paste this clause into their applicable contracts.

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Commercial (U.S. domestic) - If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussion or communication, the parties agree to endeavor first to settle the dispute by mediation administered by Pacific ADR, LLC under its Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by Pacific ADR, LLC in accordance with its Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

 

Standard Arbitration Clause Options and Stipulations

Parties can include in their arbitration agreements the following additional clauses:

• Number of arbitrators

• Arbitrators Qualifications

• Hearing Type (Virtual, In-person, Document Only)

• Governing Law

• Discovery

• Remedies

• Assessment of Forum Fees and Attorneys’ Fees

• Confidentiality Clause

• Non-Payment of Arbitration Expenses Clause

• Appeal

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