Clause Referring Future Disputes to Alternative Dispute Resolution- Long Form

Clause Referring Future Disputes to Alternative Dispute Resolution- Long Form

Long form
If any Dispute/ Disagreement whatsoever arises out of or in relation to this agreement [which the parties are unable to resolve by negotiation] (the ?Dispute?/`Disagreement/ ), the parties shall seek to resolve the Dispute/Disagreement amicably by using the following procedure [before pursuing any other remedies available to them]:

0.1 The parties shall submit the Dispute/Disagreement to a neutral adviser appointed by agreement between the parties to assist them in resolving the Dispute/Disagreement. Either party may give written notice to the other describing the nature of the Dispute/ Disagreement, requiring the Dispute/Disagreement to be submitted to such a neutral adviser and proposing the body to be appointed. If no such person is appointed by agreement between the parties within [14] days after such notice is given (or, if no such notice is given, within 28 days after the Dispute/Disagreement has arisen ) either party may request [the Centre for Dispute Resolution] to appoint a neutral adviser acceptable to both parties.

0.2 The parties shall, with the assistance of the neutral adviser appointed in accordance with clause [0.1] above, seek to resolve the Dispute/ Disagreement by using an alternative dispute resolution (`ADR ) procedure agreed between the parties or, in default of such agreement, established by the neutral adviser.

0.3 If the parties accept any recommendations made by the  neutral adviser or otherwise reach agreement as to the   resolution of the Dispute/ Disagreement, such agreement shall be recorded  in writing and signed by the parties (and, if applicable, the  neutral adviser ), whereupon it shall become binding upon  the parties.

0.4.1 If the Dispute/ Disagreement has not been resolved to the satisfaction of both parties within [70] days after the appointment of the neutral adviser; or  

0.4.2 Either party fails or refuses to agree to or participate in the ADR procedure; or  

0.4.3 In any event the Disagreement is not resolved within [90 days] after it has arisen, then the Dispute/ Disagreement shall be referred to arbitration (continue with arbitration clause ).

0.5 In the event that the Dispute/ Disagreement is referred to arbitration [in accordance with clause [0.4] above]:

0.5.1 any neutral adviser involved in the ADR procedure shall  not take any part in the arbitration, whether as a witness or  otherwise, and any recommendations made by him in  connection with the ADR procedure shall not be relied  upon by either party without the consent of the other party  and the neutral adviser;  

0.5.2 Neither party shall make use of nor rely upon information supplied, or arguments raised, by the other party in the ADR procedure.

0.6 The costs and fees associated with the ADR procedure shall be borne equally by the parties.

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