Special Services and Dispute Prevention

1.      Minitrial

The parties will attempt to resolve any dispute arising out of or relating to this Agreement in accordance with the CPR Minitrial Procedure [currently in effect OR in effect on the date of this Agreement] and will enter into an initiating agreement in the form annexed to such Procedure.

2.      Early Neutral Evaluation

At the request of either party, the parties submit the dispute between them to Early Neutral Evaluation. The Early Neutral Evaluator shall be appointed through the International Institute for Conflict Prevention & Resolution.

3.      Dispute Resolution Boards (DRBs)

The parties agree to create a Dispute Resolution Board ("DRB") consisting of three members. The DRB shall consist of one member designated by _________, one member designated by ______ and a third member designated by the two appointed members and shall serve as the chairperson of the DRB. [If within ___ days the parties are unable to appoint any such member of the DRB, they will reach out to CPR to assist with the appointment of any such member]. Thereafter, the DRB shall administer any DRB-related proceeding.

4.      Dispute Prevention Provisions

Note:
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.  In an effort to shift the paradigm, CPR has developed Model Dispute Prevention and Resolution provisions, which parties can modify to utilize in their business arrangements. The primary goals of the model provisions are to establish a framework to identify potential conflicts early and to implement dispute prevention mechanisms to avoid the conflict turning into a value-depleting dispute.

On the CPR website, you can find a memo describing the Model Dispute Prevention and Resolution provisions, a term sheet that outlines the nature of the provisions and three model agreements for a “Standing Neutral,” “Standby Neutral” and “No Neutral” provisions. For full commentary on these provisions, please consult the document in the “related” section.