Dispute Prevention Provisions
Despite the general acceptance of alternative dispute resolution provisions in contractual arrangements, to date, there has been little attention given to contractual dispute prevention protocols.
1. Dispute Prevention Provisions
In an effort to shift the paradigm, CPR, with the assistance of outside and inside counsel from highly respected firms and corporations, has developed a “Term Sheet” and Model Dispute Prevention and Resolution provisions (the “Model Provisions”), along with an accompanying memorandum providing an overview of the Term Sheet and Model Provisions as well as reasons for using them. The primary goals of the Term Sheet and Model Provisions are to establish a framework to identify potential conflicts early and to offer a solution for dispute avoidance over the life of a contractual relationship, with binding arbitration (or, if the parties prefer, litigation), as a last resort.
These documents are in the Resources box to the right.
2. Model Clauses for CPR Rules for Administered Dispute Prevention and Management Boards for Commercial Transactions
These rules are intended for parties that desire an accelerated, streamlined early dispute avoidance and mitigation process designed to result in consensual resolution of unanticipated issues and disputes, and, if unsuccessful, then the delivery of a decision within a short, speciļ¬ed period during the progress of a long term commercial Endeavor.
CPR’s Rules for Administered Dispute Prevention and Management Boards for Commercial Transactions may be adopted by the parties by using the provisions available here: Model Clauses for CPR Rules for Administered Dispute Prevention and Management Boards for Commercial Transactions.