ADR
Often the alternative dispute resolution provisions in a contract are considered only after a lengthy and complex negotiation involving the substantive aspects of a transaction. As a result, the parties, weary and eager to complete their task, fail to give sufficient attention to the details of the procedures binding them in the event of disagreement. Only too late do they appreciate that they may have submitted to a process that will be unfair and put them at a significant disadvantage should arbitration be required.
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