ADR Agreement Notice Template

ADR AGREEMENT NOTICE

This ADR Agreement Notice (the "Notice") is entered into by and between Party A Name: and Party B Name: . The parties hereby elect to proceed with Alternative Dispute Resolution as provided below. Effective Date: .

RECITALS

WHEREAS, the parties are or were parties to a written agreement identified as: Agreement Title/Reference: (the "Agreement"); and

WHEREAS, a dispute has arisen between the parties concerning: ; and

WHEREAS, the Agreement authorizes or requires the parties to pursue alternative dispute resolution, and the parties now desire to memorialize their election to proceed under the terms set forth in this Notice.

NOW, THEREFORE

In consideration of the mutual promises set forth below, the parties agree as follows:

1. DEFINITIONS

For purposes of this Notice: "ADR" means the alternative dispute resolution procedure selected by the parties under Section 2 below; "Neutral" means the mediator or arbitrator appointed under this Notice; and "Claim" means the dispute described above and any related claims arising out of the same transaction or occurrence.

2. ELECTION OF ADR PROCESS

The parties hereby elect the following ADR procedure to resolve the Claim (select one): Mediation (non-binding) Arbitration (final and binding)

If arbitration is selected, the parties agree that the arbitration will be: Rules or Procedures: and the number of arbitrators will be: .

3. SELECTION AND APPOINTMENT OF NEUTRAL

The parties shall attempt to agree on a Neutral within days of the Effective Date. If the parties cannot agree, each party shall nominate one candidate within days and the nominees shall jointly select the Neutral within days of nomination.

Proposed Neutral(s) (if any):

4. PROCEDURES AND TIMELINES

The ADR proceedings shall commence upon delivery of written notice to the addresses set forth in Section 10. The Neutral shall convene an initial conference within days after appointment, unless otherwise agreed in writing.

Discovery shall be limited to the exchange of documents and up to depositions per side, unless otherwise ordered by the Neutral for good cause shown.

5. CONFIDENTIALITY

All statements, documents, proposals and other communications made for the purposes of or during ADR shall be confidential and shall not be admissible in any proceeding except to the extent necessary to enforce an agreement reached through ADR or to enforce an award, or as otherwise required by law. The Neutral shall preserve confidentiality to the fullest extent permitted by applicable law.

6. COSTS AND FEES

Unless the parties agree otherwise in writing or an arbitrator directs otherwise, costs of the Neutral, administrative fees and hearing-related expenses shall be borne equally by the parties. Each party shall bear its own attorneys' fees and expenses, except where a final award or settlement expressly allocates fees and costs.

7. INTERIM RELIEF

Nothing in this Notice shall prevent either party from seeking interim or provisional relief from a court of competent jurisdiction where such relief is necessary to preserve the status quo, prevent irreparable harm, or secure evidence pending the outcome of ADR. Any application for interim relief shall not be deemed a waiver of this agreement to ADR.

8. WAIVER OF JURY

To the extent a court is called upon to enforce an arbitration award or to consider matters related to ADR, the parties hereby knowingly and voluntarily waive trial by jury with respect to those matters.

9. NOTICES

All notices required or permitted under this Notice shall be in writing and delivered to the following representatives:

10. VENUE

The ADR proceedings shall take place in the county or jurisdiction of: unless otherwise agreed by the parties in writing.

11. ENFORCEMENT OF AWARD

A final arbitration award may be entered as a judgment in any court having jurisdiction. The parties agree to execute such documents and take such actions as may be required to effect enforcement.

12. ENTIRE AGREEMENT; AMENDMENT; WAIVER

This Notice, together with the Agreement referenced above, constitutes the entire agreement of the parties with respect to the election and procedures for ADR of the Claim. Any amendment to this Notice must be in writing and signed by both parties. No waiver of any provision shall be effective unless in writing signed by the waiving party.

13. GOVERNING LAW

This Notice shall be governed by and construed in accordance with the laws of the state of: , without regard to its conflicts of law principles.

14. SEVERABILITY

If any provision of this Notice is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect and shall be enforced to the fullest extent permitted by law.

15. COUNTERPARTS

This Notice may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

16. DISPUTE DESCRIPTION

CERTIFICATION

By signing below, the undersigned representatives certify that they are authorized to bind their respective parties to this Notice and that the election to proceed to the selected ADR process is effective and binding as of the Effective Date.

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