Common use of Alternative Dispute Resolution (ADR) Clause in Contracts

Alternative Dispute Resolution (ADR). If a dispute arises out of or relates to this Agreement, the parties agree that senior management shall attempt in good faith to settle the dispute to the satisfaction of all parties. If the parties are unable to settle the dispute within thirty (30) days from the time it arises, the parties agree to submit the dispute to arbitration. Upon expiration of the thirty-day period, the aggrieved party shall serve a written demand for arbitration upon the opposing party and the American Arbitration Association, and the parties shall select a mutually acceptable arbitrator with knowledge of the commercial construction and/or mechanical services industry. Arbitration shall occur in the metropolitan area in which the Work was performed and shall be in accordance with the Commercial Arbitration Rules of the American Arbitration Association in effect at the time of arbitration. The decision of the arbitrator shall be final, conclusive and binding upon all parties, and judgment may be entered upon the award in the appropriate state or federal court having jurisdiction over the dispute. The arbitrator shall award the prevailing party all costs and expenses of such arbitration, including without limitation, reasonable attorneys' and experts’ fees and/or costs. Failure to serve a demand for arbitration within one (1) year from the date the party knew or should have known of any claim the party may have shall be deemed a waiver of the party's claim.

Alternative Dispute Resolution (ADR). If a dispute arises out of or relates to this Agreement, the parties agree that senior management shall attempt in good faith to settle the dispute to the satisfaction of all parties. If the parties are unable to settle the dispute within thirty (30) days from the time it arises, the parties agree to submit the dispute to arbitration. Upon expiration of the thirty-thirty- day period, the aggrieved party shall serve a written demand for arbitration upon the opposing party and the American Arbitration Association, and the parties shall select a mutually acceptable arbitrator with knowledge of the commercial construction and/or mechanical services industry. Arbitration shall occur in the metropolitan area in which the Work was performed and shall be in accordance with the Commercial Arbitration Rules of the American Arbitration Association in effect at the time of arbitration. The decision of the arbitrator shall be final, conclusive and binding upon all parties, and judgment may be entered upon the award in the appropriate state or federal court having jurisdiction over the dispute. The arbitrator shall award the prevailing party all costs and expenses of such arbitration, including without limitation, reasonable attorneys' and experts’ fees and/or costs. Failure to serve a demand for arbitration within one (1) year from the date the party knew or should have known of any claim the party may have shall be deemed a waiver of the party's claim.