ALTERNATIVE DISPUTE RESOLUTION CLAUSES

DISCLAIMER: These clauses are merely examples, are not intended as legal advice, and may not be relied upon as legal advice.  The TJC makes no representations or warranties regarding these sample clauses.  Please consult your own attorney regarding any sample clause before using in a contract. 

Arbitration Clause.  All disputes arising under this Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas, without regard to principles of conflict of laws.  The parties to this Agreement will submit all disputes arising under this Agreement to arbitration in Harris County, Texas before a single arbitrator of the Texas Justice Center (“TJC”) in accordance with the TJC Rules of Arbitration.  The issue of arbitratbility shall be exclusively determined by the arbitrator(s).  The arbitrator shall be selected by application of the rules of the TJC, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in Texas.  No party to this Agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.

Mediation.  All disputes arising under this Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas, without regard to principles of conflict of laws.  In the event a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation within fourteen (14) days, the parties hereby agree first to attempt in good faith to settle the dispute by mediation administered by the Texas Justice Center in Harris County, Texas, (“TJC”) under its applicable mediation rules before resorting to litigation or some other dispute resolution procedure. Either party may initiate mediation by contacting the TJC (www.tjcadr.com), after which the other party shall promptly cooperate with the TJC regarding scheduling mediation.  Both parties shall immediately submit the applicable case management fee to the TJC so that mediation can promptly ensue. 

Mediation then Arbitration.  All disputes arising under this Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas, without regard to principles of conflict of laws.  In the event a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation within fourteen (14) days, the parties hereby agree first to attempt in good faith to settle the dispute by mediation administered by the Texas Justice Center in Harris County, Texas, (the “TJC”) under its applicable mediation rules before resorting to litigation or some other dispute resolution procedure.  Either party may initiate mediation by contacting the TJC (www.tjcadr.com), after which the other party shall promptly cooperate with the TJC regarding scheduling mediation.  Both parties shall immediately submit the applicable case management fee to the TJC so that mediation can promptly ensue.  If mediation is unsuccessful, then the parties to this Agreement will submit all disputes arising under this Agreement to arbitration in Harris County, Texas before a single arbitrator of the TJC in accordance with the TJC Rules of Arbitration.  The issue of arbitratbility shall be exclusively determined by the arbitrator(s).   The arbitrator shall be selected by application of the rules of the TJC, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in Texas.  No party to this Agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.

ADR Fees. The parties hereto agree to share the fees of mediation or arbitration equally, including any mediator, arbitrator, room rental, administrative, or other fees chargeable by the TJC according to the TJC rules in place at the time the dispute is submitted for mediation or arbitration.  The parties hereto agree to pay, in advance, any filing or required administrative fees, or any retainer required by the TCJ, mediator(s), or arbitrator(s).  Failure to promptly pay fees as described herein shall be considered a material breach.  If any party must obtain relief from a court of competent jurisdiction to enforce the other party’s payment of fees, the enforcing party shall be entitled to its attorneys’ fees and costs for enforcing this paragraph, and may seek recovery of said fees by Court order or arbitral award. 

Alternative Arbitration Rules.  The parties agree that any arbitration submitted to the TJC under this Agreement will follow the procedural rules of [the Texas Rules of Civil Procedure] / [the American Arbitration Association Commercial Arbitration Rules] / [Other] in lieu of the TJC’s arbitration rules, except that the arbitration will be administered by the TJC and the TJC’s Fee Schedule shall apply with respect to filing fees, administration fees, costs, room rental fees, and the like.

ADR Location. The parties to this Agreement agree that any alternative dispute resolution shall be held in person at the TJC.  Neither party may appear virtually without prior consent of the other party and approval of the arbitrator or arbitral tribunal.  

Statute of Limitations.  All disputes arising under this Agreement shall be governed by Texas statutes of limitations. 

Mandatory 30-Day EDR.  All disputes arising under this Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas, without regard to principles of conflict of laws.  In any dispute related to this Agreement, the parties shall seek to resolve the dispute through early dispute resolution (the “Process”) as described in the Early Dispute Resolution Protocols at https://edrinstitute.org/latest-protocols/ (“Protocols”) through the Texas Justice Center (“TJC”) 30-Day EDR program.  Within seven (7) days of one party giving the other notice of a dispute, the parties shall initiate EDR through the TJC at www.tjcadr.com/30DayEDR and promptly pay all administrative fees.  The parties shall use the form EDR agreement published by the TJC, subject to any reasonable modifications.  Neither party will initiate any action, or file any suit or arbitration demand, without first participating in the Process.  Notwithstanding the foregoing, a party is not prevented from seeking injunctive relief to preserve the status quo where it believes it may suffer irreparable harm during the pendency of the early dispute resolution process.  During the TJC 30-Day EDR program and the Process, any applicable statutes of limitations shall be tolled.