Drafting ADR Clauses

Two-thirds of arbitration clauses are not custom drafted for the parties or for the nature of the industry. Instead, the ADR clauses are copied out of books. This is not optimal.

What claims should be subject to arbitration? Should the case be administered by a forum provider? Should mediation be a prerequisite to arbitration? In what city should the case be heard? Who should pay the forum and arbitrator fees?

Many parties feel that their arbitration has become too much like litigation, with excessive discovery, delays to hearing, and costs. The solution to these concerns is a carefully drafted ADR clause.

Law firms, in-house counsel, and organizations are continually updating their ADR clauses to achieve specific goals. We are national experts in the design and wording of ADR clauses involving labor and employment disputes, including new-hire employment agreements and severance agreements. Examples of our work include:

• Method of selection of arbitrators
• Arbitrator qualifications
• Governing law
• Conditions precedent
• Discovery
• Depositions
• Remedies
• Attorney fees
• Form of award
• Appeal