Mastering The Art Of Construction Dispute Resolution Clauses

A neutral's perspective on drafting ADR agreements

Many neutrals may assume that they have little need for skills in drafting dispute resolution clauses. If so, they are wrong. In fact, there are good reasons why all ADR participants—including the neutrals—need experience in crafting the agreements governing such proceedings. Arbitrators constrained by poorly drafted arbitration agreements quickly learn the value of well-drafted clauses. Additionally, the great majority of JAMS-related appointments are conditioned to having JAMS designated by contract as the entity to administer disputes. That designation can obviously depend on parties agreeing to select JAMS in the dispute resolution clauses. Especially in the international context, JAMS and its rules may be unfamiliar to those who draft dispute clauses.