Why use CEDR’s Model Documents?
It is now standard practice to insert an ADR clause into any commercial contract.
At its simplest, an ADR clause allows the contracting parties to agree that if a dispute arises, they will use an alternative form of dispute resolution (such as mediation) as a step prior to, or at least alongside, court action or binding arbitration. An effective ADR clause will usually save time and costs, as well as potentially preserve valuable commercial relationships. An ADR clause leaves both parties in control and provides them with a simpler way of resolving a dispute prior to court or arbitration proceedings. It also significantly offers parties a constructive way of proceeding beyond stalled or ineffective negotiations.