A Business-First Approach To The Practice Of Law

The impacts of including ADR clauses in business contracts

On Behalf of | Jun 21, 2024 | Business Law |

In the dynamic world of business, disputes are inevitable. In addition, the way a business manages disputes can greatly impact its resources, time and relationships.

Incorporating an alternative dispute resolution (ADR) clause in a business contract can offer a more efficient resolution process. Thus, if you are involved in a business dispute, how can an ADR clause in your contract help you better handle your conflict?

Cost and time efficiency

ADR methods like mediation and arbitration are typically more cost-effective than litigation. They are also usually faster, allowing a business to resolve disputes and return to normal operations more promptly.

Preservation of business relationships

In contrast to litigation, which often leads to a win-loss result, ADR methods encourage a collaborative approach. This can help preserve business relationships as parties work together to reach a mutual agreement. This aspect is essential in long-term contracts where maintaining positive relationships is crucial.

Confidentiality and control

In addition, ADR methods offer more confidentiality than court proceedings, which are often public. This can protect sensitive business information and reputations.

Further, ADR allows parties to have more control over the resolution process. They can choose the neutral third party as well as the rules of procedure.

Tailoring to specific needs

Finally, a business can tailor an ADR clause to suit its specific needs. For instance, it can mention its preferred type of ADR, the neutral third party’s qualifications and the time frame for the resolution process. This ensures that the resolution process aligns with the best interests of the business.

Protecting your rights and interests

Including an ADR clause in your contract aims to promote amicability in case of disputes. With legal support, you may draft or update your contract, enforce the ADR clause and protect your rights and business interests.

Founding Partners Damaso W. Saavedra and Allyson D. Goodwin