If you’re involved in a business dispute, there’s a good chance that the other party has a strong alternative dispute resolution (ADR) clause in their contract. This clause requires the parties to submit their dispute to mediation or arbitration, rather than going to court.
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If you’re on the receiving end of such a clause, you may be wondering what your options are. After all, you may not want to mediate or arbitrate your dispute. You may feel that you have a strong case and that you’ll get a better result in court.
Here are a few things to keep in mind if you’re facing an ADR clause:
1. The other party may be open to negotiation.
Just because the other party has a strong ADR clause doesn’t mean that they’re not open to negotiation. It’s always worth trying to negotiate a different resolution process, such as going to court.
2. You may have grounds to challenge the ADR clause.
There are a few grounds on which you may be able to challenge an ADR clause. For example, if the clause is unfair or if it was added to the contract without your knowledge or consent.
3. You can still take your case to court.
If you really don’t want to mediate or arbitrate your dispute, you can still take your case to court. You’ll just have to convince the judge that the ADR clause shouldn’t be enforced.
4. Consider the benefits of mediation or arbitration.
Even if you’re not thrilled about the idea of mediation or arbitration, it’s important to consider the benefits. These processes can be quicker and cheaper than going to court. They can also be less stressful and more confidential.
5. Get help from a lawyer.
If you’re facing an ADR clause, it’s a good idea to get help from a lawyer. A lawyer can help you understand your options and make sure that your rights are protected.