Contract and Conflict Management

Thomas Stipanowich

Unfortunately, despite the current widespread use of mediation and other ADR processes in the United States today, many members of the bench and bar—including those responsible for the drafting, interpretation and implementation of consensual ADR provisions—still lack a fundamental grasp of the process choices available to contracting parties. More often than not, their information is fragmentary, their perceptions framed by anecdote and hearsay in lieu of personal experience. This article explores alternative processes for drafting contracts in ADR settings.