Alternative dispute resolution (“ADR”) is an efficient and pragmatic means of addressing and resolving, disputes. ADR should be carefully considered and utilized by transactional lawyers as part of a contract to govern potential disputes, and by trial lawyers to govern actual disputes. When negotiating and drafting an ADR agreement, it is essential to understand that generic ADR language may be less than ideal, and instead parties should seize the opportunity to design and define a process particularly suited to the context and needs of the parties. This course teaches essential ADR skills to identify, negotiate, and draft clauses specific to a contemplated business transaction or actual dispute.
