Alternative Dispute Resolution Checklist

Summary

This checklist sets forth the important dates in a multi-tiered Alternate Dispute Resolution ("ADR") provision, as well as measures counsel should take and issues to consider when clients are involved in such proceedings. Pursuant to a multi-tiered ADR provision, also known as an escalation clause, parties to a contract that become involved in a dispute agree to engage in a series of escalating steps to try and resolve the matter before resorting to litigation or binding arbitration for a final determination of the dispute. Many various combinations of ADR mechanisms can be utilized in multi-tiered ADR clauses. The escalation steps can include good faith negotiations, mediation, non-binding arbitration or other procedures before binding arbitration or litigation. In such cases, the multi-tiered ADR provision will usually impose timelines regarding each of the steps that must be followed. Accordingly, it is important for you to know and track the key escalation dates applicable to ...