contract provisions and templates

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In your business contracts, a small throwaway clause could lead to expensive, drawn out litigation in courts or traditional arbitration forums.

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Contract Clauses & Addendums

Click-to-copy ‘dispute resolution’ contract provisions

Click the buttons below to copy the following provisions. Then, simply paste these provisions into any of your contracts for added protection.

Virtual Arbitration (Standard and Expedited)

Any unresolved dispute or controversy arising from or relating to [these Terms // this Agreement] shall be finally resolved by binding arbitration through the platform provided by New Era ADR, Inc. (https://neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures for “Virtual Standard Arbitrations” by a professional neutral(s) with substantial experience in resolving commercial disputes (the “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. The parties will bear costs as provided for under this Agreement or, if silent, in accordance with the rules and procedures of the New Era Platform. The prevailing party may be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees and all other expenses) incurred in connection therewith, at the Neutral’s discretion. 

-or-

Any unresolved dispute or controversy arising from or relating to [these Terms // this Agreement] shall be finally resolved by binding arbitration through the platform provided by New Era ADR, Inc. (https://neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures for “Virtual Expedited Arbitrations” by a professional neutral(s) with substantial experience in resolving commercial disputes (the “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. The parties will bear costs as provided for under this Agreement or, if silent, in accordance with the rules and procedures of the New Era Platform. The prevailing party may be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees and all other expenses) incurred in connection therewith, at the Neutral’s discretion.

Required Virtual Mediation prior to Virtual Arbitration

Any unresolved dispute or controversy arising from or relating to [these Terms // this Agreement] shall be mediated by both parties prior to any party pursuing any other legal or equitable remedy in any other forum whatsoever (the “Mediation”). All such Mediations shall be conducted through the platform provided by New Era ADR, Inc. (https://neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures by a professional neutral(s) with substantial experience in mediating and resolving commercial disputes (the “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. If and only if any such unresolved dispute or controversy arising from or relating to [these Terms // this Agreement] is not finally settled through Mediation, such unresolved dispute or controversy shall be finally resolved by binding arbitration through the New Era Platform in accordance with its rules and procedures for [Virtual Standard Arbitrations -or- Virtual Expedited Arbitrations]. The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform.   The parties will bear costs as provided for under this Agreement or, if silent, in accordance with the rules and procedures of the New Era Platform. The prevailing party may be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees and all other expenses) incurred in connection therewith, at the Neutral’s discretion.

Virtual Mediation with Binding Resolution

Any unresolved dispute or controversy arising from or relating to [these Terms // this Agreement] shall be finally resolved by binding alternative dispute resolution through the platform provided by New Era ADR, Inc. (https://neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures for “Virtual Mediations with Binding Resolution” by a professional neutral(s) with substantial experience in resolving commercial disputes (a “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform.   The parties will bear costs as provided for under this Agreement or, if silent, in accordance with the rules and procedures of the New Era Platform. The prevailing party may be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees and all other expenses) incurred in connection therewith, at the Neutral’s discretion.

Virtual Arbitration or Virtual Mediation with Binding Resolution (parties’ choice at the time of dispute)

Any unresolved dispute or controversy arising from or relating to [these Terms // this Agreement] shall be finally resolved by the binding alternative dispute resolution proceeding of the parties’ choice offered through the platform provided by New Era ADR, Inc. (https://neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures by a professional neutral(s) with substantial experience in resolving commercial disputes (a “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. The parties will bear costs as provided for under this Agreement or, if silent, in accordance with the rules and procedures of the New Era Platform. The prevailing party may be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees and all other expenses) incurred in connection therewith, at the Neutral’s discretion.

Arbitrability

Any question or matter of arbitrability of a dispute shall be determined by the neutral(s) assigned to, or chosen for, the dispute from the New Era ADR, Inc. panel of neutrals.  For clarity, this means any determination of whether a dispute arising under the provisions [of this Agreement/of these Terms] shall be governed by arbitration shall be determined solely by the neutral(s) provided by New Era ADR Inc. and not in a court of law or other judicial forum.  The parties agree and acknowledge that they are waiving their right to seek a determination of arbitrability in a court of law or other judicial forum.

Injunctive Relief

The parties agree that New Era ADR Inc. and its associated neutral(s) have the power and authority to issue injunctive relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions depending on the facts and the circumstances of the case.  A party seeking injunctive relief must demonstrate that the legal standard under applicable law has been met and no condition contained herein waives the obligation to make such a demonstration.  The parties agree and acknowledge that they are waiving their right to challenge the proprietary of injunctive relief issued by New Era ADR Inc. and its associated neutrals in a court of law or other judicial forum.  

Contract Templates

Free contracts for your organization’s needs

Start fresh and download these free contract templates for your business or personal use.

NDA Template
Independent Contractor Agreement

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