Contractual Dispute Resolution-based Provision
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A Contractual Dispute Resolution-based Provision is a contractual provision that sets forth the process and procedures for resolving disputes that may arise between the contract parties in connection with the contract.
- AKA: Dispute Resolution Provision.
- Context:
- It can cover various dispute resolution methods, such as negotiation, mediation, arbitration, or litigation, and specify the rules, venue, and jurisdiction for such proceedings.
- It can (often) include:
- It can range from being an Atomic Dispute Resolution Provision to being a Comprehensive Dispute Resolution Provision.
- It can range from being a Single Element Dispute Resolution Provision, a Two Element Dispute Resolution Provision, to being a Many Element Dispute Resolution Provision.
- It can range from being a General Dispute Resolution Provision to being a Contract-Specific Dispute Resolution Provision.
- It can range from being an Unconditional Dispute Resolution Provision (where the dispute resolution process applies to all disputes arising under the contract) to being a Conditional Dispute Resolution Provision (where the dispute resolution process applies only to certain types of disputes or is subject to certain conditions).
- It can involve tailored mechanisms to address disputes in specialized fields, such as intellectual property or international trade.
- Example(s):
- an Employment Contract that includes mediation followed by arbitration in case of disputes between the employer and employees.
- a Franchise Agreement specifying litigation in a particular jurisdiction as the method for dispute resolution.
- Counter-Example(s):
- a Verbal Agreement between two parties without a formal dispute resolution process.
- a Simple Sale Transaction with no specific provisions for handling disputes beyond basic legal recourse.
- See: Arbitration Clause, Mediation Process.