ADR Systems of America



Resources Commercial Arbitration Rules Demand for Arbitration Sample ADR Contracts Sample Contract Clauses Supreme Court Rule 90(C) Legal Links ADR Glossary	Sample Contract Clauses We provide resources for the effective resolution of your dispute. Contract clauses are used to require the parties to use ADR as an alternative to litigation or to resolve conflicts. The following sample contract provisions provide non-exclusive remedies for claims or causes of action. The following clauses may be inserted and used into any commercial contract at the discretion of any party: Sample 1: Arbitration Clause If a dispute arises or relates to this contract, any demands, claims or controversies hereto arising out of or relating to this contract or the breach thereof, shall be settled by an ADR Systems of America's binding arbitration in accordance with the Arbitration Rules of ADR Systems of America, and judgment upon the award rendered by the arbitrator may be entered into any court or tribunal having jurisdiction thereof. Either party may commence the arbitration process called for in this agreement by filing a written demand for arbitration with ADR Systems of America. The arbitration will be conducted in accordance with the ADR Systems of America Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will select an arbitrator from ADR Systems of America's panel of neutrals. The parties’ covenant that they shall participate in the arbitration in good faith, and that they will share equally in the costs. Any Court of competent jurisdiction may enforce the provisions of this Paragraph, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorney’s fees, to be paid by the party against whom enforcement is ordered. Sample 2: Mediation Clause If a dispute arises or relates to this contract, any demands, claims or controversies hereto arising out of or relating to this contract or the breach thereof, shall be settled through ADR Systems of America. First by attempting a voluntary settlement through non-binding mediation at ADR Systems of America, before resorting to the filing of a lawsuit or another ADR procedure. Either party may commence the mediation process called for in this agreement by filing a written demand for mediation with ADR Systems of America. The parties will select a mediator from ADR Systems of America's panel of neutrals. The parties’ covenant that they shall participate in the mediation in good faith, and that they will share equally in the costs. The mediator will be disqualified as a witness, consultant or expert for either Party; the mediator will treat the offers promises, conduct and statements made in the course of the non-binding mediation (including pre-mediation and post-mediation submissions to the mediator) as confidential and will refrain from disclosing such information except to the Parties. Any Court of competent jurisdiction may enforce the provisions of this Paragraph, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorney’s fees, to be paid by the party against whom enforcement is ordered. NOTICE: These clauses are not intended and should not be considered as providing legal advice or opinion. Although we go to great lengths to make sure our information is accurate, we recommend that you consult an attorney with regards to the use of and interpretation of these clauses.
ADR Systems of America, LLC^® 312-960-2260 123 W. Madison, 22nd Floor • Chicago, IL 60602 • Fax 312-960-2268 • Email: click here
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