Dispute resolution clause: Copy, customize, and use instantly
Introduction
A dispute resolution clause outlines the procedures and steps to be taken in the event of a disagreement or conflict between the parties involved in the contract. This clause helps ensure that disputes are handled in an orderly, efficient, and mutually acceptable manner, minimizing disruption to the contract's performance.
Below are templates for dispute resolution clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.
Standard dispute resolution clause
This version includes basic dispute resolution provisions.
If any dispute arises out of or in connection with this Agreement, the parties agree to resolve the dispute through the following procedure:Step 1: Both parties will engage in informal negotiations to resolve the dispute within [X] days of the dispute arising.Step 2: If the dispute is not resolved through negotiations, the parties agree to submit the dispute to mediation within [X] days of the failed negotiations.Step 3: If mediation fails, the parties agree to resolve the dispute through binding arbitration, with the arbitration taking place in [jurisdiction].
Dispute resolution clause with provision for mediation
This version applies to mediation.
In the event of a dispute, the parties agree to first attempt to resolve the matter through mediation. The mediation will take place in [location], and both parties will mutually select a mediator. If mediation does not result in a resolution, the dispute will then be submitted to binding arbitration.
Dispute resolution clause with provision for arbitration
This version applies to arbitration.
Any dispute or claim arising out of or relating to this Agreement that cannot be resolved through informal negotiation or mediation shall be resolved through binding arbitration. The arbitration will be conducted in accordance with the rules of [arbitration body], and the decision of the arbitrator(s) will be final and binding on both parties.
Dispute resolution clause with provision for jurisdiction
This version applies to jurisdiction.
The parties agree that any dispute arising out of this Agreement will be resolved exclusively in the courts of [jurisdiction]. The parties consent to the personal jurisdiction of these courts and agree to waive any objection to venue based on inconvenience.
Dispute resolution clause with provision for escalation
This version applies to dispute escalation.
If a dispute cannot be resolved informally, the parties agree to escalate the issue to senior management within [X] days. If senior management is unable to resolve the dispute, the matter will be submitted to mediation and, if necessary, binding arbitration as per the terms outlined in this Agreement.
Dispute resolution clause with provision for early dispute intervention
This version applies to early dispute intervention.
If a dispute arises, both parties agree to notify each other in writing within [X] days of the dispute arising. Both parties will then work together in good faith to resolve the dispute at the earliest possible opportunity. If the issue cannot be resolved within [X] days, the matter will proceed to formal mediation or arbitration.
Dispute resolution clause with provision for informal negotiations
This version applies to informal negotiations.
Before resorting to formal legal proceedings, the parties agree to first engage in informal negotiations for a period of [X] days from the date of the dispute. If a resolution is not reached through these negotiations, the parties will proceed to mediation and, if necessary, arbitration.
Dispute resolution clause with provision for mediation followed by arbitration
This version applies to mediation followed by arbitration.
In the event of a dispute, the parties agree to submit the matter to mediation conducted by a qualified mediator agreed upon by both parties. If the dispute is not resolved through mediation within [X] days, it will be resolved through binding arbitration in accordance with the rules of [arbitration body].
Dispute resolution clause with provision for cost-sharing of dispute resolution
This version applies to cost-sharing.
The costs of mediation or arbitration will be shared equally by both parties, unless the arbitrator rules otherwise. Each party will bear its own legal fees and expenses unless the arbitrator determines that one party is entitled to reimbursement of legal costs.
Dispute resolution clause with provision for expedited arbitration
This version applies to expedited arbitration.
If the parties cannot resolve a dispute through negotiation or mediation, the matter will be referred to expedited arbitration. The arbitration will be conducted on an expedited basis, with a hearing taking place within [X] days from the selection of the arbitrator(s), and a decision rendered within [X] days thereafter.
Dispute resolution clause with provision for settlement discussions
This version applies to settlement discussions.
Prior to pursuing arbitration or litigation, the parties agree to enter into settlement discussions in good faith for a period of [X] days. If these discussions fail to resolve the dispute, either party may then initiate mediation or arbitration.
Dispute resolution clause with provision for confidentiality of dispute resolution process
This version applies to confidentiality.
The parties agree that any dispute resolution process, including mediation and arbitration, will be confidential. All discussions, statements, and documents exchanged in connection with the dispute resolution process will not be disclosed to third parties unless required by law.
Dispute resolution clause with provision for specialized dispute resolution
This version applies to specialized dispute resolution.
If the dispute involves a technical or specialized issue, the parties agree to engage a mediator or arbitrator with relevant expertise in the subject matter of the dispute. The mediator or arbitrator will be selected by mutual agreement and will have the authority to issue a binding decision.
Dispute resolution clause with provision for binding and final decision
This version applies to binding and final decisions.
The decision of the mediator or arbitrator shall be final and binding on both parties, and no appeals or further disputes will be permitted. The parties agree to fully comply with any decision or award made by the mediator or arbitrator.
Dispute resolution clause with provision for payment suspension during dispute
This version applies to payment suspension.
In the event of a dispute, [Party A] may suspend any further payments due to [Party B] until the dispute is resolved. Payments will resume as per the terms of this Agreement upon resolution of the dispute through mediation or arbitration.
Dispute resolution clause with provision for mutual mediation
This version applies to mutual mediation.
Both parties agree to select a mutually agreed mediator to facilitate the resolution of any dispute. The mediator will attempt to resolve the dispute through discussion and negotiation, and if mediation is unsuccessful, the dispute will be submitted to binding arbitration.
Dispute resolution clause with provision for waiver of jury trial
This version applies to waiver of jury trial.
The parties hereby waive their right to a jury trial for any dispute arising out of or relating to this Agreement. Instead, disputes will be resolved through mediation and, if necessary, binding arbitration as outlined in this clause.
Dispute resolution clause with provision for location of arbitration
This version applies to the location of arbitration.
Any arbitration resulting from a dispute under this Agreement will take place in [location], and the laws of [jurisdiction] will govern the arbitration process. The arbitration will be conducted in accordance with the rules of [arbitration body].
Dispute resolution clause with provision for dispute resolution timeline
This version applies to dispute resolution timeline.
The parties agree that any dispute will be resolved within [X] days from the date of the dispute notification. If the dispute is not resolved within this timeline through mediation or arbitration, the matter may proceed to litigation as a last resort.
Dispute resolution clause with provision for initial informal resolution
This version applies to initial informal resolution.
If a dispute arises between the parties, the parties agree to first attempt to resolve the dispute informally by speaking with each other directly. If no resolution is reached within [X] days, the dispute will be submitted to mediation as outlined in this Agreement.
Dispute resolution clause with provision for mediation by a specific organization
This version applies to mediation by a specific organization.
Any dispute arising from this Agreement will be resolved through mediation facilitated by [mediation organization]. Both parties agree to work in good faith with the mediator to resolve the issue. If mediation fails, the dispute will proceed to arbitration in accordance with the rules of [arbitration body].
Dispute resolution clause with provision for litigation in specific courts
This version applies to specific court jurisdiction.
If mediation or arbitration fails to resolve the dispute, the parties agree that litigation may be filed only in the courts of [specific jurisdiction], and the parties consent to the exclusive jurisdiction of these courts.
Dispute resolution clause with provision for appointing a neutral expert
This version applies to neutral expert appointment.
If a technical issue arises during the dispute, the parties agree to appoint a neutral expert in the field to assist in resolving the dispute. The expert's decision will be binding, and the cost of the expert will be shared equally between the parties.
Dispute resolution clause with provision for flexible arbitration process
This version applies to flexible arbitration.
If a dispute cannot be resolved through mediation, the parties agree to proceed with arbitration, which may be conducted by telephone, video conferencing, or in person, depending on mutual agreement. The rules of [arbitration body] will govern the arbitration process.
Dispute resolution clause with provision for confidentiality of the process
This version applies to confidentiality.
All dispute resolution proceedings, including mediation and arbitration, will be confidential. No party may disclose any details of the dispute, including settlement offers, mediator opinions, or arbitrator findings, except as required by law.
Dispute resolution clause with provision for interim relief
This version applies to interim relief.
In the event of an urgent dispute requiring immediate attention, [Party A] may seek interim relief from a court of competent jurisdiction before mediation or arbitration proceedings begin. This relief may include injunctive orders or temporary restraining orders.
Dispute resolution clause with provision for binding mediation
This version applies to binding mediation.
The parties agree to participate in binding mediation, where the mediator's decision will be final and binding on both parties. If mediation fails, the dispute will proceed to arbitration in accordance with the rules of [arbitration body].
Dispute resolution clause with provision for expedited dispute resolution
This version applies to expedited dispute resolution.
In the event of a dispute, the parties agree to expedite the resolution process. All proceedings, including mediation or arbitration, will be conducted in an accelerated manner to resolve the matter within [X] days from the initiation of the dispute.
Dispute resolution clause with provision for payment of dispute resolution costs
This version applies to cost allocation.
The costs of dispute resolution, including mediation and arbitration fees, will be initially shared equally by both parties. If one party is found to be at fault, they will be responsible for all costs associated with the dispute resolution process.
Dispute resolution clause with provision for written notice of dispute
This version applies to written notice.
Before initiating any formal dispute resolution process, the party initiating the dispute must provide written notice to the other party. The notice will describe the nature of the dispute and the actions being requested to resolve it. Both parties will have [X] days to respond.
Dispute resolution clause with provision for multi-party disputes
This version applies to multi-party disputes.
If more than two parties are involved in the dispute, the parties agree to collectively select a neutral mediator or arbitrator who can address all issues raised by the dispute. All involved parties must agree to the mediator or arbitrator’s selection.
Dispute resolution clause with provision for simultaneous negotiation and mediation
This version applies to simultaneous negotiation and mediation.
The parties agree to engage in simultaneous negotiation and mediation efforts. If the dispute cannot be resolved through negotiation, it will then proceed to mediation, followed by arbitration if necessary.
Dispute resolution clause with provision for impartiality
This version applies to impartial dispute resolution.
The parties agree that any mediator or arbitrator appointed will be impartial and independent. Neither party may influence the selection of the mediator or arbitrator, and both parties will mutually agree on the selection before proceeding.
Dispute resolution clause with provision for resolution of specific disputes
This version applies to specific dispute resolution.
Certain disputes, such as those regarding intellectual property rights, will be resolved through a specialized dispute resolution process conducted by a panel of experts in the relevant field. Both parties agree to abide by the panel’s decision.
Dispute resolution clause with provision for concurrent mediation and arbitration
This version applies to concurrent mediation and arbitration.
If a dispute arises, the parties agree to engage in concurrent mediation and arbitration. While mediation is in process, arbitration may begin, but no final ruling will be made until mediation has been completed. Both parties will cooperate with the process.
Dispute resolution clause with provision for governing law and dispute resolution
This version applies to governing law and dispute resolution.
All disputes arising under this Agreement will be governed by the laws of [jurisdiction]. The parties agree to submit any dispute to mediation, and if unresolved, to arbitration in accordance with the rules of [arbitration body] in [location].
Dispute resolution clause with provision for judicial review of arbitrator’s decision
This version applies to judicial review.
If either party contests the decision of the arbitrator, they may seek judicial review in a court of competent jurisdiction. The court will review the arbitrator’s decision based on its compliance with applicable laws, but the decision will be upheld unless there is a clear error of law.
Dispute resolution clause with provision for cost-sharing in case of failure to resolve
This version applies to failure to resolve cost-sharing.
If the dispute resolution process fails to resolve the dispute, the parties agree to share the costs of the failed mediation or arbitration equally. This includes all fees, administrative costs, and legal expenses incurred during the process.
Dispute resolution clause with provision for global jurisdiction
This version applies to global jurisdiction.
If a dispute arises under this Agreement and involves international parties, the parties agree to resolve the dispute in a neutral jurisdiction, which will be mutually agreed upon. The laws of the selected jurisdiction will govern the dispute resolution process.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.