[{"data":1,"prerenderedAt":522},["ShallowReactive",2],{"document-dispute-resolution-agreement-D13655":3},{"document":4,"label":23,"preview":11,"thumb":24,"description":5,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":25,"breadcrumb":29,"related":35,"customDescModule":167,"customdescription":6,"mdFm":168,"mdProseHtml":521},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":16,"keywords":15},"DISPUTE RESOLUTION AGREEMENT This Dispute Resolution Agreement (\"Agreement\") is entered into effect as of [DATE], BETWEEN: [PARTY A NAME], (\"Party A\"), an individual with their main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [PARTY B NAME], (\"Party B\") an individual with their main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] PURPOSE OF THE AGREEMENT 1.1 The Parties enter into this Agreement to establish a framework for the amicable and efficient resolution of any disputes, claims, or controversies that may arise between them. APPLICABILITY 2.1 This Agreement shall apply to all disputes, claims, or controversies arising out of or relating to the business relationship between the Parties, including but not limited to contract disputes, intellectual property disputes, or any other disputes related to their interactions. MEDIATION 3.1 The Parties agree to resolve any dispute, claim, or controversy through mediation. They shall engage a mutually agreed-upon mediator to facilitate the mediation process. 3.2 The Parties shall participate in good faith in the mediation process and make a genuine effort to reach a mutually acceptable resolution. 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(the \"Creditor\") instituted proceedings as plaintiff against the Company and Debtor as defendants in recovery of the sum of [AMOUNT] (the \"Action\"); WHEREAS in the Action, the Creditor has claimed the amount of [AMOUNT] from Debtor pursuant to a certain guarantee executed by him in favor of the Creditor; WHEREAS [COMPANY NAME] and the Creditor amalgamated effective [DATE], such that [COMPANY NAME] became a division of the Creditor; WHEREAS the parties have agreed to settle the Action upon the terms and conditions hereinafter set forth: NOW WHEREFORE, the parties hereto agree as follows: The Action is settled upon the terms hereinafter set forth. The parties shall execute a Declaration of Settlement Out Of Court in respect of the Action, which Declaration shall be remitted to the Bank, and which the Bank shall file in the court record on the latest of the trial date fixed for the Action, being [EFFECTIVE DATE], receipt of the initial payment provided for in Section 2 hereof and the date of registration of the Security contemplated in Section 2 hereof. Debtor hereby undertakes to pay to the Creditor the sum of [AMOUNT] in lawful currency of [COUNTRY] (the \"Settlement Amount\"), payable as set out below. Debtor shall pay to the Bank at its offices noted above the principal sum of [AMOUNT] in lawful currency of [COUNTRY] (the \"Principal Amount\"), by way of [NUMBER] equal consecutive monthly installments in the amount of [AMOUNT] each, payable on the [DATE] day of each month, commencing on [EFFECTIVE DATE] until full payment on [DATE] (the \"Payments\"). Concurrently with the execution hereof, Debtor shall deliver to the Creditor [NUMBER] check in the amount of [AMOUNT] each dated the [DATE] day of each month in payment of the Payments for [EFFECTIVE DATE] to [EFFECTIVE DATE] inclusively. Thereafter, Debtor shall deliver to the Creditor by or before [DATE] of each year, commencing [EFFECTIVE DATE] to [EFFECTIVE DATE] inclusively, [NUMBER] check in the amount of [AMOUNT] each dated the [NUMBER] day of each of the following [NUMBER] months in payment of the Payments for the said [NUMBER] month period. By or before [EFFECTIVE DATE], Debtor shall deliver to the Creditor [NUMBER] check in the amount of [AMOUNT] each dated the [NUMBER] day of each of the remaining [NUMBER] months in payment of the Payments for the said [NUMBER] month period. The Principal Amount shall bear interest from the date of any unremedied default at the rate of [PERCENTAGE %] percent per annum, calculated on the balance then outstanding and payable on demand. All interest not paid when due shall bear interest at the same rate calculated as aforesaid and payable on demand. The balance of [AMOUNT] (the \"Balance\") shall be paid to the Creditor by way of compensation and set-off against the amount of any commission which may become owing to Debtor by the Creditor on any sales of its assets which Debtor may make from time to time hereafter on behalf of the Creditor, and against the amount of any salary or other compensation which may become owing to him by the Creditor in respect of any other services of any nature whatsoever which Debtor may perform from time to time hereafter on behalf of the Creditor. The amount of such commissions, salary and/or other compensation shall be determined in accordance with the terms and conditions of any agreements which the Creditor and Debtor may enter into for the provision of such services by Debtor to the Creditor. The Creditor shall provide to Debtor on a regular basis a list of assets currently offered for sale by the Creditor and undertakes to give Debtor every opportunity, on a non-exclusive basis, to sell such assets and undertakes not to act unreasonably in considering any offer to purchase which Debtor may bring to the Creditor. In the event that the Balance has not been repaid in full on the date the last payment falls due under Section 2.1 hereof, Debtor shall pay off the amount of the Balance then outstanding (the \"Unpaid Balance\") by way of consecutive monthly installments in the amount of [AMOUNT] each, payable on the [DATE] day of each month, commencing [EFFECTIVE DATE] (the \"Extended Period\"). On [EFFECTIVE DATE], Debtor shall deliver to the Creditor the requisite number of check in the amount of [AMOUNT] each dated the [DATE] day of each month in payment of the Unpaid Balance, provided always that Debtor shall still be able to pay any or all of the Unpaid Balance during the Extended Period by way of compensation and set-off pursuant to the provisions of Section 2.3.1. Debtor shall have a grace period of [NUMBER] days from the date of any written notice of default to make any Payment due hereunder to remedy said default. In the event the default is not remedied within such period, Debtor shall lose the benefit of the term provided for herein and the entire balance of the Settlement Amount then outstanding shall become immediately due and payable. The Creditor shall then be entitled to demand payment in full of the outstanding amount of the Settlement Amount, by written notice of demand, without further notice, including prior notice of such acceleration, or delay. The Creditor shall, in addition to its right to accelerate payment in the event of an unremedied default to make any payment, be entitled to accelerate payment should the Creditor advise Debtor in writing of the discovery of any material omission of any encumbrance on any of the assets listed in Schedule C or of any other limitation or alteration in Debtor's right, title and interest in and to the assets listed in Schedule C, provided that Debtor shall have [NUMBER] days from the date of such notice to remedy the default such that the omission is no longer material, but not in the event of any other default hereunder. Concurrently with his execution of the present Settlement Agreement, Debtor shall execute demand promissory notes in the amounts of [AMOUNT] respectively, in the form of the promissory notes annexed hereto as Schedules A and B respectively, to be held by the Creditor as collateral security for the performance of Debtor's obligations under this Section 2. Debtor shall grant security in favor of the Creditor against each and all of the assets identified in the affidavit executed by Debtor concurrently herewith and annexed hereto as Schedule C (the \"Secured Assets\"), subject to the encumbrances thereon as disclosed therein (the \"Encumbrances\"), which Encumbrances Debtor hereby represents and warrants are all the encumbrances existing against the Secured Assets, and which Secured Assets Debtor hereby represents and warrants have a net aggregate liquidation value, after deduction of the reasonable expenses of liquidation and after payment of the Encumbrances of not less than the Settlement Amount. ","Settlement Agreement","8",64,"https://templates.business-in-a-box.com/imgs/1000px/settlement-agreement-D916.png","https://templates.business-in-a-box.com/imgs/250px/916.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#916.xml",{"title":6,"description":6},[94,96],{"label":18,"url":95},"business-legal-agreements",{"label":18,"url":95},"settlement agreement","/template/settlement-agreement-D916",{"description":100,"descriptionCustom":6,"label":101,"pages":102,"size":103,"extension":10,"preview":104,"thumb":105,"svgFrame":106,"seoMetadata":107,"parents":108,"keywords":111,"url":112},"JOINT VENTURE AGREEMENT This Joint Venture Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"First Joint Venturer\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND JOINT VENTURER NAME] (the \"Second Joint Venturer\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] This Agreement is entered by First Joint Venturer and Second Joint Venturer, herein after collectively referred to as the \"Joint Venturers\", for the purpose of performing: [DESCRIBE JOINT VENTURE]. WITNESSETH: WHEREAS, the parties are desirous of forming a Joint Venture (the \"Venture\"), under the laws of the [State/Province] of [STATE/PROVINCE] by execution of this Agreement for the purposes set forth herein and are desirous of fixing and defining between themselves their respective responsibilities, interests, and liabilities in connection with the performance of the before mentioned project; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties herein agree to constitute themselves as Joint Venturers, henceforth, \"Venturers\" for the purposes before mentioned, and intending to be legally bound hereby, the parties hereto, after first being duly sworn, do covenant, agree and certify as follows: DEFINITIONS \"Affiliate\" shall refer to (i) any person directly or indirectly controlling, controlled by or under common control with another person, (ii) any person owning or controlling 10% or more of the outstanding voting securities of such other person, (iii) any officer, director or other partner of such person and (iv) if such other person is an officer, director, joint Venturer or partner, any business or entity for which such person acts in any such capacity. \"Venturers\" shall refer to [VENTURE NAME] Inc., and any successor(s) as may be designated and admitted to the Venture. \"Internal Revenue Code\", \"Code\" or \"I.R.C.\" shall refer to the current and applicable Internal Revenue Code. \"Net Profits and Net Losses\" means the taxable income and loss of the Venture, except as follows: [DESCRIBE] The \"Book\" value of an asset shall be substituted for its adjusted tax basis if the two differ, but otherwise Net Profits and Net Losses shall be determined in accordance with federal income tax principles. \"Project\" shall refer to that certain [DESCRIBE] project known as [NAME]. \"Treasury Regulations\" shall refer to those regulations promulgated by the Department of the Treasury with respect to certain provision of Internal Revenue Code. \"Percentage of Participation\" shall refer to that figure set forth in Exhibit A. FORMATION, NAME, AND PRINCIPLE PLACE OF BUSINESS Formation (a) The Venturers do hereby form a joint venture pursuant to the laws of the State of [STATE/PROVINCE] in order for the Venture to carry on the purposes for which provision is made herein. (b) The Ventures shall execute such certificates as may be required by the laws of the [State/Province] of [STATE/PROVINCE] or of any other state in order for the Venture to operate its business and shall do all other acts and things requisite for the continuation of the Venture as a joint venture pursuant to applicable law. Name The Name and style under which the Venture shall be conducted is: [DESCRIBE]. Principal place of business The Venture shall maintain its principal place of business at [FULL ADDRESS]. The Venture may re-locate its office from time to time or have additional offices as the Venturers may determine. PURPOSE OF THE JOINT VENTURE The business of the Venture shall be to perform: [DESCRIBE], a project having the Contract # , being entitled, and being in a dollar amount of [AMOUNT], in accordance with the contract documents for the Project and all such other business incidental to the general purposes herein set forth. TERM The term of the Venture shall commence as of the date hereof and shall be terminated and dissolved upon the earliest to occur of: (i) completion of the Project and receipt of all sums due the Venture by the Owner, [OWNER NAME] pursuant thereto and payment of all laborers and material men employed by the Venture in connection with the project; (ii) [DATE]; (iii) the unanimous agreement of the Ventures; or (iv) the order of a court of competent jurisdiction. PERCENTAGE OF PARTICIPATION Description Except as otherwise provided in sections 6.0 and 9.0 hereof, the interest of the Parties in any gross profits and their respective shares in any losses and/or liabilities that may result from the filing of a joint bid and/or the performance of the Construction Contract, and their interests in all property and equipment acquired and all money received in connection with the performance of the Contract shall be as follows: [Name Joint Venture Partner Percentage] Losses The Parties agree that in the event any losses arise out of or results from the performance of the Project, each Venturer shall assume and pay the share of the losses that is equal to the percentage of participation. Liabilities If for any reason, a Venturer sustains any liabilities or is required to pay any losses arising out of or directly connected with the Project, or the execution of any surety bonds or indemnity agreements in connection therewith, which are in excess of its Percentage of Participation, in the Joint Venture, the other Venturer shall promptly reimburse such Venturer this excess, so that each and every member of the Joint Venturer will then have paid its proportionate share of such losses to the full extent of its Percentage of Participation. Indemnities The Venturers agree to indemnify each other and to hold the other harmless from, any and all losses of the Joint Venture that are in excess of such other Venturer's Percentage of Participation. Provided that the provisions of this subsection shall be limited to losses that are directly connected with or arise out of the performance of the Project and/or the execution of any bonds or indemnity agreements in connection therewith and shall not be relate to or include any incidental, indirect or consequential losses that may be sustained or suffered by a Party. Duration The Parties shall from time to time execute such bonds and indemnity agreements, including applications there and other documents that may be necessary in connection with the performance of the Project. Provided however, that the liability of each of the Parties under any agreements to indemnify a surety company or surety companies shall be limited to the percentage of the total liability assumed by all the Parties under such indemnity agreements that is equal to the Party's Percentage of Participation. Initial contribution of the venture (a) The Venturers shall contribute the Property to the Venture and their Capital Account shall each be credited with the appropriate value of such contribution in accordance with their Venture interests. (b) Except as otherwise required by law or this Agreement, the Venturers shall not be required to make any further capital contributions to the Venture. Venture interests Upon execution of this Agreement, the Venturers shall each own the following interests in the Venture: Joint Venture Partner Percentage Return of capital contributions (a) No Venturer shall have the right to withdraw his capital contributions or demand or receive the return of his capital contributions or any part thereof, except as otherwise provided in this Agreement. (b) The Venturers shall not be personally liable for the return of capital contributions or any part thereof, except as otherwise provided in this Agreement. (c) The Venture shall not pay interest on capital contributions of any Venturer.","Joint Venture Agreement","7",70,"https://templates.business-in-a-box.com/imgs/1000px/joint-venture-agreement-D889.png","https://templates.business-in-a-box.com/imgs/250px/889.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#889.xml",{"title":6,"description":6},[109,110],{"label":18,"url":95},{"label":18,"url":95},"joint venture agreement","/template/joint-venture-agreement-D889",{"description":114,"descriptionCustom":6,"label":115,"pages":116,"size":117,"extension":10,"preview":118,"thumb":119,"svgFrame":120,"seoMetadata":121,"parents":122,"keywords":126,"url":127},"INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement (\"Agreement\") is made and effective [Date], BETWEEN: [INDEPENDENT CONTRACTOR NAME] (the \"Independent Contractor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS Independent Contractor is engaged in providing [Describe] business services, its Employer Tax I.D. Number is [Insert], and its Business License Number is [insert]. Independent Contractor has complied with all Federal, State, and local laws regarding business permits, sales permits, licenses, reporting requirements, tax withholding requirements, and other legal requirements of any kind that may be required to carry out said business and the Scope of Work which is to be performed as an Independent Contractor pursuant to this Agreement. Independent Contractor is or remains open to conducting similar tasks or activities for clients other than the Company and holds themselves out to the public to be a separate business entity. Company desires to engage and contract for the services of the Independent Contractor to perform certain tasks as set forth below. Independent Contractor desires to enter into this Agreement and perform as an independent contractor for the company and is willing to do so on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the above recitals and the mutual promises and conditions contained in this Agreement, the Parties agree as follows: TERMS This Agreement shall be effective commencing [Date], and shall continue until terminated at the completion of the Scope of Work which shall occur no later than [Date] or by either party as otherwise provided herein. STATUS OF INDEPENDENT CONTRACTOR This Agreement does not constitute a hiring by either party. It is the parties intentions that Independent Contractor shall have an independent contractor status and not be an employee for any purposes, including, but not limited to, [laws]. Independent Contractor shall retain sole and absolute discretion in the manner and means of carrying out their activities and responsibilities under this Agreement. This Agreement shall not be considered or construed to be a partnership or joint venture, and the Company shall not be liable for any obligations incurred by Independent Contractor unless specifically authorized in writing. Independent Contractor shall not act as an agent of the Company, ostensibly or otherwise, nor bind the Company in any manner, unless specifically authorized to do so in writing. TASKS, DUTIES, AND SCOPE OF WORK Independent Contractor agrees to devote as much time, attention, and energy as necessary to complete or achieve the following: [Describe]. The above to be referred to in this Agreement as the \"Scope of Work\". It is expected that the Scope of Work will completed by [Date]. Independent Contractor shall additionally perform any and all tasks and duties associated with the Scope of Work set forth above, including but not limited to, work being performed already or related change orders. Independent Contractor shall not be entitled to engage in any activities which are not expressly set forth by this Agreement. The books and records related to the Scope of Work set forth in this Agreement shall be maintained by the Independent Contractor at the Independent Contractor's principal place of business and open to inspection by Company during regular working hours. Documents to which Company will be entitled to inspect include, but are not limited to, any and all contract documents, change orders/purchase orders and work authorized by Independent Contractor or Company on existing or potential projects related to this Agreement. Independent Contractor shall be responsible to the management and directors of Company, but Independent Contractor will not be required to follow or establish a regular or daily work schedule. Supply all necessary equipment, materials and supplies. Independent Contractor will not rely on the equipment or offices of Company for completion of tasks and duties set forth pursuant to this Agreement. Any advice given Independent Contractors regarding the scope of work shall be considered a suggestion only, not an instruction. Company retains the right to inspect, stop, or alter the work of Independent Contractor to assure its conformity with this Agreement. ASSURANCE OF SERVICES Independent Contractor will assure that the following individuals (the \"Key Employees\") will be available to perform, and will perform, the Services hereunder until they are completed (identify by title and name as applicable): [Name of Key Employee, Title] [Name of Key Employee, Title] The Key Employees may be changed only with the prior written approval of the Company, which approval shall not be unreasonably withheld. COMPENSATION Independent Contractor shall be entitled to compensation for performing those tasks and duties related to the Scope of Work as follows: [Describe] Such compensation shall become due and payable to Independent Contractor in the following time, place, and manner: [Describe] NOTICE CONCERNING WITHHOLDING OF TAXES Independent Contractor recognizes and understands that it will receive a [specify tax] statement and related tax statements, and will be required to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Independent Contractor hereby promises and agrees to indemnify the Company for any damages or expenses, including attorney's fees, and legal expenses, incurred by the Company as a result of independent contractor's failure to make such required payments. AGREEMENT TO WAIVE RIGHTS TO BENEFITS Independent Contractor hereby waives and foregoes the right to receive any benefits given by Company to its regular employees, including, but not limited to, health benefits, vacation and sick leave benefits, profit sharing plans, etc. This waiver is applicable to all non-salary benefits which might otherwise be found to accrue to the Independent Contractor by virtue of their services to Company, and is effective for the entire duration of Independent Contractor's agreement with Company. This waiver is effective independently of Independent Contractor's employment status as adjudged for taxation purposes or for any other purpose. Neither this Agreement, nor any duties or obligations under this Agreement may be assigned by either party without the consent of the other. TERMINATION This Agreement may be terminated prior to the completion or achievement of the Scope of Work by either party giving [number] days written notice. Such termination shall not prejudice any other remedy to which the terminating party may be entitled, either by law, in equity, or under this Agreement. NON-DISCLOSURE OF TRADE SECRETS, CUSTOMER LISTS AND OTHER PROPRIETARY INFORMATION Independent Contractor agrees not to disclose or communicate, in any manner, either during or after Independent Contractor's agreement with Company, information about Company, its operations, clientele, or any other information, that relate to the business of Company including, but not limited to, the names of its customers, its marketing strategies, operations, or any other information of any kind which would be deemed confidential, a trade secret, a customer list, or other form of proprietary information of Company. Independent Contractor acknowledges that the above information is material and confidential and that it affects the profitability of Company. 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NOW, THEREFORE, it is agreed as follows: NON-DISCLOSURE OF CONFIDENTIAL INFORMATION Both Parties understand and agree that each Party may have access to the confidential information of the other party. For the purposes of this Agreement, \"Confidential Information\" means proprietary and confidential information about the Disclosing Party's (or it's suppliers') business or activities. Such information includes all business, financial, technical, and other information marked or designated by such Party as \"confidential\" or \"proprietary.\" Confidential Information also includes information which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential. For the purposes of this Agreement, Confidential Information does not include: Information that is currently in the public domain or that enters the public domain after the signing of this Agreement. Information a Party lawfully receives from a third Party without restriction on disclosure and without breach of a non-disclosure obligation. Information that the Receiving Party knew prior to receiving any Confidential Information from the Disclosing Party. Information that the Receiving Party independently develops without reliance on any Confidential Information from the Disclosing Party. Each Party agrees that it will not disclose to any third Party or use any Confidential Information disclosed to it by the other Party except when expressly permitted in writing by the other Party. Each Party also agrees that it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other Party in its possession or control. TERM The term of this Agreement is [number] of [years/months] from the date of execution by both Parties. TITLE The Receiving Party agrees that all Confidential Information furnished by the Disclosing Party shall remain the sole property of the Disclosing Party. DISCLAIMER","Non Disclosure Agreement Nda","https://templates.business-in-a-box.com/imgs/1000px/non-disclosure-agreement-nda-D12692.png","https://templates.business-in-a-box.com/imgs/250px/12692.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12692.xml",{"title":135,"description":6},"non disclosure agreement nda",[137,138],{"label":18,"url":95},{"label":139,"url":140},"Confidentiality Agreements","confidentiality-agreement","/template/non-disclosure-agreement-nda-D12692",{"description":143,"descriptionCustom":6,"label":144,"pages":116,"size":9,"extension":10,"preview":145,"thumb":146,"svgFrame":147,"seoMetadata":148,"parents":150,"keywords":153,"url":154},"Terms and Conditions Welcome to [COMPANY NAME]. Thanks for using our products and services (\"Services\"). The Services are provided by [COMPANY NAME] (\"COMPANY NAME\"), located at [ADRESSE, CITY, STATE, COUNTRY] By using our Services, you are agreeing to these terms. Please read these Terms and Conditions (\"Terms\", \"Terms and Conditions\") carefully before using the http://www.[YOURWEBSITE].com website and the mobile application (the \"Service\") operated by [COMPANY NAME] (\"us\", \"we\", or \"our\"). Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services. Terminology The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer notice, and any or all Agreements: \"Client\", \"You\" and \"Your\" refer to you, the person accessing this website and accepting the Company's terms and conditions. \"The Company\", \"Ourselves\", \"We\" and \"Us\" refer to our Company. \"Party\", \"Parties\" or \"Us\" refers to both the Customer and ourselves, or either the Customer or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether through formal meetings of a fixed duration, or by any other means, with the express purpose of meeting the Client's needs in terms of providing the Company's declared services / products, in accordance with and subject to applicable US laws. Any use of the above terminology or other words in the singular, plural, capital letters and/or plural, and/or these terms, is considered interchangeable and therefore a reference to them. Using our Services You must follow any policies made available to you within the Services. Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws. Privacy Statement We are committed to protecting your privacy. [COMPANY NAME]'s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that [COMPANY NAME] can use such data in accordance with our privacy policies. Only authorized employees within the company who, in the course of their duties, can access and use information collected from individual customers. We are constantly reviewing our systems and data to ensure the best possible service to our customers. Government authorities have created specific offences for unauthorized actions against computer systems and data. We will investigate such actions with a view to bringing legal action and/or civil action for damages against those responsible. Purchases If you wish to purchase any product or service made available through the Service (\"Purchase\"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your [SPECIFY]. Subscriptions Some parts of the Service are billed on a subscription basis (\"Subscription(s)\"). You will be billed in advance on a recurring [SPECIFY]. Software in our Services When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings. [COMPANY NAME] gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by [COMPANY NAME] as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by [COMPANY NAME], in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. Disclaimer Exclusions and Limitations The information contained on this website is provided on an \" as is \" basis. To the fullest extent permitted by law, this company: excludes all representations and warranties with respect to this website and its content or that are or may be provided by affiliates or any other third party, including with respect to any inaccuracy or omission in this website and/or the Company's documentation; and excludes any liability for damages arising out of or in connection with your use of this website. [COMPANY NAME], and [COMPANY NAME]'s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, punitive damages or damage caused to your computer, computer software, systems and programs and data relating thereto or any other direct or indirect, consequential or incidental damages. Liability for our Services To the extent permitted by law, the total liability of [COMPANY NAME], and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services. In all cases, [COMPANY NAME], and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable. However, this company does not exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. We recognize that in some countries, you might have legal rights as a consumer. None of your legal rights as a consumer are affected waived by contract. Business uses of our Services If you are using our Services on behalf of a business, that business accepts these terms","Terms And Conditions","https://templates.business-in-a-box.com/imgs/1000px/terms-and-conditions-D12667.png","https://templates.business-in-a-box.com/imgs/250px/12667.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12667.xml",{"title":149,"description":6},"terms and conditions",[151,152],{"label":18,"url":95},{"label":18,"url":95},"terms conditions","/template/terms-and-conditions-D12667",{"description":156,"descriptionCustom":6,"label":157,"pages":116,"size":9,"extension":10,"preview":158,"thumb":159,"svgFrame":160,"seoMetadata":161,"parents":163,"keywords":162,"url":166},"SERVICE AGREEMENT This SERVICE AGREEMENT (\"Agreement\") is effective [DATE], BETWEEN: [COMPANY NAME] (the \"Contractor\"), a company organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [COMPANY NAME] (the \"Customer\"), a company organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] (The Contractor and the Customer shall be individually referred to as a \"Party\" and collectively referred to as the \"Parties\", as the context may require). WHEREAS A. Contractor has experience and expertise in [DESCRIBE EXPERIENCE AND SERVICE]. B. Customer desires to have Contractor provide services for them. C. Contractor desires to provide services to Customer on the terms and conditions set forth herein (the \"Services\"). NOW THEREFORE, in consideration of the above recitals, the representations, warranties, and agreements contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which are now acknowledged, the Parties agree as follows: SERVICES PROVIDED Beginning on upon agreement to this contract, [CONTRACTOR] will provide to [CUSTOMER] the following service (collectively, the /Services\"): Description of the project: [DESCRIBE THE SERVICE REQUIRED]. SCOPE OF WORK Contractor agrees to provide Services pursuant to the Scope of Work set forth in Exhibit A attached hereto (the \"Scope of Work\"). TERM Unless both parties mutually agree on an extension, this contract will automatically terminate on [SPECIFY]. PERFORMANCE The parties agree to do everything possible to ensure that the terms of this Agreement take effect. PAYMENT FOR SERVICES In exchange for the Services rendered, a payment of [SPECIFY] will be made to the Contractor upon completion of the scheduled Services described in this Contract. If an invoice is not paid on the due date, interest will be added to the current balance. These amounts shall be payable, and the Customer shall pay all overdue amounts at the lesser of [SPECIFY] per cent per annum or the maximum percentage permitted by applicable law. Or Customer will pay Contractor as follows: [SPECIFY]. DELIVERY OF SERVICES The Contractor will exercise due diligence in the provision of services. However, the Customer acknowledges that the indicated delivery times and other payment milestones listed in Scope of Work are estimates and do not constitute final delivery dates. SECURITY The Contractor must make reasonable security arrangement to protect Material from unauthorized access, collection, use, alteration or disposal. OWNERSHIP RIGHT The Customer shall hold the copyright for the agreed version of the Services as delivered, and the Customer's copyright notice may be displayed in the final version. All works, ideas, discoveries, inventions, patents, products or other information that may be protected by copyright (collectively, the \"Work Product\" developed in whole or in part by the Contractor in connection with the Services, shall be the exclusive property of the Customer. Upon request, the Contractor shall execute all documents necessary to confirm or perfect the exclusive ownership of the Customer's \"Work Product\". The Contractor retains exclusive rights to pre-existing materials used in the Customer's projects. The Customer shall not have the right to reuse, resell or otherwise transfer material belonging to the contractor or third parties. The Contractor reserves the right to use the finished public product as an example of a product. RETURN OF PROPERTY Upon the expiry or termination of this Agreement, the Contractor will return to the Customer any property, documentation, records or Confidential Information which is the property of the Customer. COMPENSATION For all services rendered by the Contractor under this Agreement, the Customer shall indemnify the Contractor. In the event that the Customer fails to make any of the payments mentioned, the Contractor shall have the right, but shall not be obliged, to exercise any of the following remedies: ","Service Agreement","https://templates.business-in-a-box.com/imgs/1000px/service-agreement-D12711.png","https://templates.business-in-a-box.com/imgs/250px/12711.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12711.xml",{"title":162,"description":6},"service agreement",[164,165],{"label":18,"url":95},{"label":18,"url":95},"/template/service-agreement-D12711",false,{"seo":169,"reviewer":179,"legal_disclaimer":183,"quick_facts":184,"at_a_glance":186,"personas":190,"variants":215,"glossary":240,"clauses":277,"how_to_fill":328,"common_mistakes":369,"faqs":394,"industries":425,"comparisons":450,"diy_vs_lawyer":464,"jurisdictions":477,"related_template_ids_curated":498,"schema":509,"classification":510},{"meta_title":170,"meta_description":171,"primary_keyword":172,"secondary_keywords":173},"Dispute Resolution Agreement Template | Free Word Download","Free dispute resolution agreement template covering mediation, arbitration, and escalation procedures.","dispute resolution agreement template",[15,174,175,176,177,178],"dispute resolution clause template","dispute resolution agreement word","business dispute resolution template","alternative dispute resolution agreement","dispute resolution contract template free",{"name":180,"credential":181,"reviewed_date":182},"Bruno Goulet","CEO, Business in a Box","2026-05-02",true,{"difficulty":185,"legal_review_recommended":183,"signature_required":183,"notarization_required":167},"advanced",{"what_it_is":187,"when_you_need_it":188,"whats_inside":189},"A Dispute Resolution Agreement is a legally binding contract that establishes the process both parties must follow to resolve disagreements — before, and instead of, filing a lawsuit. This free Word download covers negotiation, mediation, and binding arbitration in a structured sequence, and can be used as a standalone agreement or incorporated into any master commercial contract.\n","Use it when entering any commercial relationship where disputes are foreseeable — vendor contracts, partnership agreements, service arrangements, or joint ventures. It is also used to resolve an existing dispute by agreement once the parties decide to avoid litigation.\n","Defined dispute scope, mandatory negotiation and cooling-off period, mediation procedures and mediator selection, binding arbitration rules and seat, confidentiality obligations, cost allocation, governing law, and enforcement provisions.\n",[191,195,199,203,207,211],{"title":192,"use_case":193,"icon_asset_id":194},"Business owners entering vendor contracts","Locking in a low-cost resolution path before a supplier dispute arises","persona-small-business-owner",{"title":196,"use_case":197,"icon_asset_id":198},"Startup founders and co-founders","Defining how equity or IP disagreements will be resolved without court","persona-startup-founder",{"title":200,"use_case":201,"icon_asset_id":202},"Corporate counsel and in-house lawyers","Embedding standardized ADR clauses across all commercial agreements","persona-corporate-counsel",{"title":204,"use_case":205,"icon_asset_id":206},"Partnership and joint venture parties","Agreeing on arbitration rules before a joint project creates financial exposure","persona-operations-director",{"title":208,"use_case":209,"icon_asset_id":210},"HR managers and employers","Requiring employees to use arbitration instead of courts for workplace claims","persona-hr-manager",{"title":212,"use_case":213,"icon_asset_id":214},"International trade and procurement teams","Specifying a neutral arbitration seat for cross-border commercial contracts","persona-international-employer",[216,219,223,227,230,233,236],{"situation":217,"recommended_template":7,"slug":218},"Standalone agreement between two commercial parties before a contract dispute","dispute-resolution-agreement-D13655",{"situation":220,"recommended_template":221,"slug":222},"Clause to embed inside a master service agreement or vendor contract","Arbitration Clause (standalone clause addendum)","promissory-note-with-acceleration-clause-D436",{"situation":224,"recommended_template":225,"slug":226},"Resolving an employment or workplace claim outside of court","Employment Arbitration Agreement","arbitration-agreement-D856",{"situation":228,"recommended_template":86,"slug":229},"Settling an active dispute with a negotiated financial resolution","settlement-agreement-D916",{"situation":231,"recommended_template":101,"slug":232},"Multi-party joint venture with complex governance and deadlock provisions","joint-venture-agreement-D889",{"situation":234,"recommended_template":235,"slug":226},"International commercial dispute requiring ICC or UNCITRAL arbitration rules","International Arbitration Agreement",{"situation":237,"recommended_template":238,"slug":239},"Consumer-facing dispute resolution policy for an e-commerce or SaaS business","Terms and Conditions (with dispute resolution clause)","website-terms-and-conditions-D13193",[241,244,247,250,253,256,259,262,265,268,271,274],{"term":242,"definition":243},"Alternative Dispute Resolution (ADR)","Any process for resolving a dispute outside of traditional court litigation, including negotiation, mediation, and arbitration.",{"term":245,"definition":246},"Arbitration","A private adjudication process in which one or more arbitrators hear evidence and issue a binding decision, replacing a court judgment.",{"term":248,"definition":249},"Mediation","A voluntary, confidential process in which a neutral third party facilitates negotiation between disputing parties — the mediator has no power to impose a decision.",{"term":251,"definition":252},"Binding Arbitration","Arbitration whose award is final and enforceable by courts, with very limited grounds for appeal, as opposed to non-binding arbitration which functions more like a recommendation.",{"term":254,"definition":255},"Seat of Arbitration","The legal jurisdiction governing the arbitration proceeding — distinct from the physical hearing location — which determines which national arbitration law applies.",{"term":257,"definition":258},"Escalation Clause","A contractual requirement that parties attempt each lower-cost step (negotiation, then mediation) before proceeding to the more expensive step (arbitration or litigation).",{"term":260,"definition":261},"Cooling-Off Period","A defined number of days — typically 15 to 30 — during which parties must attempt good-faith negotiation before invoking formal dispute resolution.",{"term":263,"definition":264},"Arbitral Award","The final decision issued by an arbitrator or arbitral tribunal, which courts in most jurisdictions will enforce as if it were a court judgment.",{"term":266,"definition":267},"AAA / JAMS / ICC","Major arbitration institutions — American Arbitration Association, JAMS, and the International Chamber of Commerce — whose procedural rules parties can adopt by reference.",{"term":269,"definition":270},"Waiver of Jury Trial","A clause in which both parties give up their right to have a jury decide their dispute, directing it instead to arbitration or a bench trial.",{"term":272,"definition":273},"Confidentiality in ADR","An obligation preventing either party from disclosing the existence, content, or outcome of mediation or arbitration proceedings to third parties.",{"term":275,"definition":276},"Class Action Waiver","A provision requiring each party to bring claims individually rather than as part of a class or collective action — commonly paired with arbitration clauses.",[278,283,288,293,298,303,308,313,318,323],{"name":279,"plain_english":280,"sample_language":281,"common_mistake":282},"Scope of Disputes Covered","Defines which types of disputes are subject to this agreement — claims arising from the underlying contract, tort claims, statutory violations, or all claims between the parties.","This Agreement applies to any dispute, claim, or controversy arising out of or relating to the [CONTRACT NAME] dated [DATE], including any breach, termination, enforcement, interpretation, or validity thereof, whether based in contract, tort, statute, or otherwise.","Using scope language that is too narrow — for example, covering only 'contract disputes' — leaving tort or statutory claims to be litigated in court, which undermines the cost-saving purpose of the entire agreement.",{"name":284,"plain_english":285,"sample_language":286,"common_mistake":287},"Mandatory Negotiation and Cooling-Off Period","Requires both parties to attempt direct good-faith negotiation for a defined period before invoking mediation or arbitration.","Before initiating any formal ADR process, the disputing party shall deliver written notice to the other party. The parties shall negotiate in good faith for a period of [30] calendar days following such notice ('Negotiation Period') before proceeding to mediation.","Setting a negotiation period but not requiring written notice to start it — without a clear trigger date, either party can claim the clock never started and delay the process indefinitely.",{"name":289,"plain_english":290,"sample_language":291,"common_mistake":292},"Mediation Procedure","Establishes mediation as the second step if negotiation fails, specifying who selects the mediator, which institution's rules apply, where mediation takes place, and who pays.","If the dispute is not resolved within the Negotiation Period, either party may submit it to mediation administered by [AAA / JAMS / OTHER] under their then-current Commercial Mediation Procedures. The mediator shall be jointly selected within [15] days. Mediation costs shall be shared equally.","Omitting a mediator-selection fallback. If parties cannot agree on a mediator, the clause needs a default — typically appointment by the named institution — or mediation never begins.",{"name":294,"plain_english":295,"sample_language":296,"common_mistake":297},"Binding Arbitration Clause","If mediation fails, submits the dispute to final and binding arbitration, specifying the rules, number of arbitrators, seat, language, and enforceability of the award.","If mediation does not resolve the dispute within [60] days of commencement, either party may submit the dispute to binding arbitration administered by [AAA] under its Commercial Arbitration Rules. The arbitration shall be conducted by [one / three] arbitrator(s), seated in [CITY, STATE], in the English language.","Not specifying the number of arbitrators for high-value disputes. A single arbitrator is faster and cheaper; a three-person panel provides more protection in claims over $1M — defaulting to one arbitrator for material disputes is a common, costly error.",{"name":299,"plain_english":300,"sample_language":301,"common_mistake":302},"Governing Law","Identifies the substantive law that governs the underlying dispute and the procedural law governing the arbitration itself.","This Agreement and any arbitration conducted hereunder shall be governed by the laws of the State of [STATE], without regard to its conflict-of-laws principles. The [FEDERAL ARBITRATION ACT / APPLICABLE ARBITRATION ACT] shall govern the arbitration procedure.","Choosing a governing law with no connection to either party's operations. Courts in several jurisdictions — and some arbitral institutions — scrutinize choice-of-law provisions that appear designed to deprive a party of mandatory statutory protections.",{"name":304,"plain_english":305,"sample_language":306,"common_mistake":307},"Confidentiality of Proceedings","Obligates both parties and the arbitrator to keep the existence, content, and outcome of proceedings confidential, subject to limited disclosure exceptions.","All negotiations, mediation sessions, arbitration proceedings, and any award or settlement shall be kept strictly confidential. Neither party shall disclose any information about the proceedings to any third party without the prior written consent of the other party, except as required by law or court order.","Drafting confidentiality with no carve-out for enforcement proceedings. If you need to take an arbitral award to court for enforcement, you may need to disclose the award — an absolute confidentiality clause can block you from enforcing your own win.",{"name":309,"plain_english":310,"sample_language":311,"common_mistake":312},"Cost and Fee Allocation","States who pays arbitration filing fees, arbitrator fees, and legal costs — either each party bears its own, or the losing party pays all costs.","Each party shall bear its own attorneys' fees and costs. Filing fees and arbitrator compensation shall be shared equally, except that the arbitrator may reallocate costs against a party who filed a frivolous claim or engaged in dilatory conduct, as determined by the arbitrator in the award.","A blanket 'loser pays all fees' provision without a frivolous-claim qualifier. This can deter a party with a valid but uncertain claim from pursuing it at all, which undermines the fairness and utility of the entire ADR process.",{"name":314,"plain_english":315,"sample_language":316,"common_mistake":317},"Waiver of Class Action and Jury Trial","Each party waives the right to participate in a class action and to a jury trial, agreeing that all claims will be resolved individually through arbitration.","EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY. ALL CLAIMS SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.","Failing to present this waiver conspicuously. Courts in many jurisdictions will not enforce a jury-trial or class-action waiver buried in fine print — it must be set off in bold, caps, or a separate acknowledgment to be upheld.",{"name":319,"plain_english":320,"sample_language":321,"common_mistake":322},"Emergency Relief and Injunctions","Preserves each party's right to seek interim injunctive relief from a court to prevent irreparable harm while arbitration is pending, without waiving the arbitration obligation.","Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the resolution of the dispute through arbitration. Such application shall not be deemed a waiver of this Agreement.","Omitting this carve-out entirely. Without it, a party whose trade secrets or IP are being actively misused may be stuck waiting months for an arbitration hearing while the harm continues.",{"name":324,"plain_english":325,"sample_language":326,"common_mistake":327},"Enforcement and Award Finality","Confirms that the arbitral award is final, binding, and may be entered as a judgment in any court of competent jurisdiction, with very limited grounds for appeal.","The arbitral award shall be final and binding on both parties. Judgment upon the award may be entered in any court having jurisdiction. The parties waive any right to appeal the award except on the grounds set forth in the [Federal Arbitration Act / applicable statute], including manifest disregard of law and fraud.","Including broad appeal rights that mirror court appellate review. This negates the speed and finality that make arbitration valuable — parties end up in court arguing about the award anyway, doubling the cost and time.",[329,334,339,344,349,354,359,364],{"step":330,"title":331,"description":332,"tip":333},1,"Identify the parties and the underlying relationship","Enter the full legal names of both parties, their entity types, and a reference to the contract or business relationship this agreement covers. For standalone agreements, state the date and subject matter of the relationship.","Use the same entity names that appear on the underlying contract — mismatches between the dispute resolution agreement and the main contract create enforcement problems.",{"step":335,"title":336,"description":337,"tip":338},2,"Define the scope of covered disputes","Choose whether the agreement covers only contract claims, or all claims between the parties including tort, statutory, and equitable claims. Broader scope reduces the risk of parallel litigation on claims excluded from the clause.","If you intend to exclude securities or intellectual property claims from arbitration — common in venture-backed companies — state those exclusions explicitly rather than leaving scope ambiguous.",{"step":340,"title":341,"description":342,"tip":343},3,"Set the negotiation period and notice requirements","Enter the cooling-off period in calendar days (typically 15–30). Specify that the period is triggered by written notice delivered to a named address or email, and require the notice to describe the dispute in reasonable detail.","A 30-day negotiation period resolves roughly 40–60% of commercial disputes before any third party is involved — do not skip this step in the interest of moving directly to arbitration.",{"step":345,"title":346,"description":347,"tip":348},4,"Select mediation rules and a mediator-selection process","Name the administering institution (AAA, JAMS, or a regional equivalent), specify the rules by name and version if possible, and include a fallback appointment process if the parties cannot agree on a mediator within the stated time.","JAMS rules tend to be better suited for disputes between sophisticated commercial parties; AAA Commercial rules work well for a broader range of transaction sizes.",{"step":350,"title":351,"description":352,"tip":353},5,"Complete the arbitration clause with seat, rules, and arbitrator count","Specify the arbitral institution and rule set, the seat of arbitration (legal jurisdiction), the number of arbitrators (one for claims under $500K; three for claims above $1M), and the hearing language.","The seat determines which national court has supervisory jurisdiction over the arbitration — choose a seat in a country that is a signatory to the New York Convention if international enforcement of the award is important.",{"step":355,"title":356,"description":357,"tip":358},6,"Address cost allocation and fee responsibility","State whether administrative fees are split equally or allocated to the claimant, and whether attorneys' fees follow the American Rule (each party pays its own) or the English Rule (loser pays). Include a frivolous-claim exception.","For consumer-facing agreements in the US, the AAA Consumer Rules require the business to pay most arbitration fees — confirm which rule set applies to avoid an unenforceable fee provision.",{"step":360,"title":361,"description":362,"tip":363},7,"Add the class action waiver and jury trial waiver in conspicuous text","Present both waivers in bold or all-caps, separately from surrounding clauses. Both parties should initial this section in addition to signing the full agreement.","Several US states and the EU restrict or prohibit class-action waivers in consumer contracts — if your counterparty is a consumer rather than a business, get legal advice before including this clause.",{"step":365,"title":366,"description":367,"tip":368},8,"Execute before any dispute arises","Both authorized signatories must sign before a dispute occurs. A dispute resolution agreement signed after a disagreement has started may be challenged as lacking consideration or entered under duress.","For multi-party agreements, stagger signature blocks so each party's signatory can confirm authority independently — an unauthorized signature on a dispute resolution clause can render the entire ADR process challengeable.",[370,374,378,382,386,390],{"mistake":371,"why_it_matters":372,"fix":373},"Skipping the negotiation and mediation steps","Jumping straight to arbitration forfeits the cheapest resolution options. Mediation resolves roughly 70–80% of commercial disputes at a fraction of arbitration cost, which typically runs $15,000–$100,000+ in fees alone.","Build a mandatory escalation ladder — negotiation, then mediation, then arbitration — and require written notice to trigger each step before the next one is available.",{"mistake":375,"why_it_matters":376,"fix":377},"Failing to specify the arbitration seat","Without a designated seat, the parties and any arbitral institution must litigate where the arbitration is legally grounded, adding months of procedural delay before the merits are even addressed.","Name a specific city and country as the legal seat. For US domestic disputes, a major commercial hub (New York, Chicago, or Los Angeles) is standard. For international disputes, choose a New York Convention signatory with established arbitration infrastructure.",{"mistake":379,"why_it_matters":380,"fix":381},"Using a class-action waiver without conspicuous formatting","Courts regularly void class-action and jury-trial waivers buried in standard-form text, finding the waiver was not knowing and voluntary — invalidating the entire arbitration clause in some jurisdictions.","Present waivers in bold, all-caps, or a separately initialed box. For employment or consumer agreements, get jurisdiction-specific legal review before including any waiver.",{"mistake":383,"why_it_matters":384,"fix":385},"Omitting the emergency relief carve-out","Without a judicial emergency-relief exception, a party cannot immediately seek a temporary restraining order or injunction — leaving trade secrets, proprietary code, or customer data exposed while arbitration is organized over weeks or months.","Include a standard carve-out allowing either party to seek injunctive or equitable relief from a competent court without waiving the obligation to arbitrate the underlying claim.",{"mistake":387,"why_it_matters":388,"fix":389},"Selecting arbitration rules that are mismatched to the dispute value","Using full AAA Commercial Rules for a $20,000 dispute costs more in arbitrator fees and case management than the dispute is worth, incentivizing the other party to simply ignore the claim.","Match the rule set to the likely dispute value — AAA's Expedited Procedures apply automatically to claims under $100,000 and cost far less. JAMS Streamlined Rules serve a similar function.",{"mistake":391,"why_it_matters":392,"fix":393},"Signing the agreement after the dispute has already started","In common-law jurisdictions, an agreement signed after a dispute is underway may be challenged for lack of fresh consideration or entered under commercial duress, potentially voiding the ADR obligation entirely.","Execute the dispute resolution agreement before any disagreement arises — either as a standalone document at the start of the relationship or as a clause embedded in the underlying contract.",[395,398,401,404,407,410,413,416,419,422],{"question":396,"answer":397},"What is a dispute resolution agreement?","A dispute resolution agreement is a binding contract that specifies the process two or more parties must follow to resolve disagreements — typically requiring negotiation, then mediation, then binding arbitration — before either party can file a lawsuit. It replaces or supplements litigation with faster, private, and usually less expensive alternatives. It can be a standalone document or a clause embedded in a broader commercial contract.\n",{"question":399,"answer":400},"What is the difference between mediation and arbitration?","Mediation is a facilitated negotiation where a neutral third party helps the disputing parties reach a voluntary settlement — the mediator cannot impose a decision. Arbitration is a private adjudication where an arbitrator hears evidence and issues a binding award that courts will enforce. Most dispute resolution agreements require mediation first; arbitration is the final binding step if mediation fails. Mediation typically costs $2,000–$10,000 per party; arbitration typically costs $15,000–$100,000+ per party for commercial disputes.\n",{"question":402,"answer":403},"Is a dispute resolution agreement legally binding?","Yes, a properly executed dispute resolution agreement is generally enforceable in most jurisdictions, provided it meets standard contract requirements — offer, acceptance, and consideration. In the US, the Federal Arbitration Act creates a strong policy in favor of enforcing arbitration agreements. Certain clauses — particularly class-action waivers and jury-trial waivers — face additional scrutiny in consumer and employment contexts and should be reviewed by a lawyer before use.\n",{"question":405,"answer":406},"Can I include a dispute resolution clause in another contract instead of a standalone agreement?","Yes, and this is the most common approach. Dispute resolution clauses appear as a standard section of master service agreements, vendor contracts, employment contracts, shareholder agreements, and terms of service. A standalone dispute resolution agreement is used when parties want to govern an existing relationship that lacks one, or when they wish to resolve an active dispute by agreeing on the process before engaging a mediator or arbitrator.\n",{"question":408,"answer":409},"Do I need a lawyer to draft or review a dispute resolution agreement?","For straightforward commercial disputes between two businesses of similar bargaining power, a high-quality template is a reasonable starting point. Legal review is strongly recommended when the agreement covers employment or consumer claims (where statutory restrictions vary significantly by jurisdiction), when the dispute value is likely to exceed $500,000, when the agreement involves international parties, or when class-action or jury-trial waivers are included.\n",{"question":411,"answer":412},"What makes an arbitration clause unenforceable?","Courts have voided arbitration clauses that are procedurally unconscionable (buried in fine print, presented on a take-it-or-leave-it basis with no opportunity to negotiate), substantively unconscionable (one-sided cost allocation, unreasonably short filing deadlines), or that violate statutory rights that cannot be waived by contract. California, New Jersey, and several EU member states apply particularly strict standards to consumer and employment arbitration clauses.\n",{"question":414,"answer":415},"What is the New York Convention and why does it matter?","The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) is a treaty signed by over 170 countries that requires signatory states to recognize and enforce arbitral awards made in other signatory countries. It is the foundation of international commercial arbitration — if you choose an arbitration seat in a New York Convention country, your award can be enforced in courts across the world with minimal procedural barriers.\n",{"question":417,"answer":418},"Can a dispute resolution agreement prevent a party from going to court entirely?","Generally yes for the merits of the dispute, but not for emergency relief. Courts will enforce a valid arbitration clause by staying or dismissing any lawsuit filed in breach of it. However, most dispute resolution agreements — and most arbitral institutions' rules — preserve each party's right to seek immediate injunctive relief from a court to prevent irreparable harm while arbitration is organized. Without this carve-out, a party cannot stop ongoing harm quickly enough for the remedy to matter.\n",{"question":420,"answer":421},"How long does arbitration typically take compared to litigation?","Commercial arbitration under AAA or JAMS rules typically resolves in 6–18 months from filing to award for straightforward disputes. Complex multi-party arbitrations can run 2–3 years. Court litigation in busy US federal or state jurisdictions averages 2–4 years to trial. Arbitration's speed advantage is most pronounced in simple commercial disputes — for highly complex matters, the time savings narrow considerably. Mandatory mediation typically adds 1–3 months but resolves the majority of disputes before arbitration is needed.\n",{"question":423,"answer":424},"What happens if one party refuses to participate in arbitration?","A party who refuses to arbitrate in breach of a valid agreement can be compelled to do so by court order — most courts will issue a stay of any parallel litigation and order the parties to arbitrate. If the refusing party simply fails to appear, most arbitral institutions permit the arbitration to proceed and the arbitrator to issue a default award against the non-participating party. That award is then enforceable in court in the same manner as a contested award.\n",[426,430,434,438,442,446],{"industry":427,"icon_asset_id":428,"specifics":429},"Technology / SaaS","industry-saas","IP ownership disputes, SLA breach claims, and data breach liability are standard ADR subjects; arbitration confidentiality protects proprietary technology details from public court records.",{"industry":431,"icon_asset_id":432,"specifics":433},"Construction and Real Estate","industry-construction","Subcontractor payment disputes, defect claims, and project delay liability are high-frequency and high-value; AAA Construction Rules are specifically tailored to this sector.",{"industry":435,"icon_asset_id":436,"specifics":437},"Financial Services","industry-fintech","FINRA arbitration is mandatory for broker-dealer disputes; commercial lending and investment management agreements commonly include bespoke ADR clauses with confidentiality protections.",{"industry":439,"icon_asset_id":440,"specifics":441},"Professional Services","industry-professional-services","Fee disputes, scope-of-work disagreements, and professional liability claims between law firms, consultants, and accounting firms are commonly resolved through ADR to avoid public reputational damage.",{"industry":443,"icon_asset_id":444,"specifics":445},"Manufacturing and Supply Chain","industry-manufacturing","Cross-border supplier disputes benefit from ICC or UNCITRAL arbitration rules with a neutral seat, avoiding the need to litigate in a supplier's home country court system.",{"industry":447,"icon_asset_id":448,"specifics":449},"Healthcare","industry-healthtech","Provider–payor disputes, medical device licensing disagreements, and HIPAA-sensitive litigation are well-suited to confidential arbitration, which keeps protected health information out of public filings.",[451,454,458,461],{"vs":86,"vs_template_id":452,"summary":453},"settlement-agreement-D13650","A settlement agreement resolves a specific existing dispute with a negotiated outcome — typically including a financial payment and mutual release of claims. A dispute resolution agreement establishes the process for resolving future or ongoing disputes before any outcome is known. You use a dispute resolution agreement at the start of a relationship; you use a settlement agreement at the end of a specific dispute.",{"vs":455,"vs_template_id":456,"summary":457},"Arbitration Agreement (standalone)","","A standalone arbitration agreement covers only the final binding adjudication step — it skips the mandatory negotiation and mediation stages. A full dispute resolution agreement includes all three escalation steps, which statistically resolves most disputes before reaching arbitration and reduces total resolution costs significantly. Use a standalone arbitration agreement only when both parties are sophisticated and have independently agreed to skip lower-cost steps.",{"vs":459,"vs_template_id":456,"summary":460},"Litigation (no ADR clause)","Without a dispute resolution agreement, either party can file a lawsuit immediately in any court with jurisdiction, which typically means 2–4 years to resolution, public court records, and legal fees of $100,000–$500,000+ per side for commercial disputes. A dispute resolution agreement routes claims through private, faster, and substantially cheaper processes. The only scenario where litigation is preferable is when a party needs emergency injunctive relief — which is why ADR agreements always preserve that option.",{"vs":462,"vs_template_id":456,"summary":463},"Dispute Resolution Clause (embedded in contract)","An embedded dispute resolution clause is a section within a master contract — service agreement, partnership agreement, or employment contract — that serves the same purpose as a standalone agreement but applies only to disputes arising from that specific contract. A standalone dispute resolution agreement is used when the parties want to govern all disputes between them regardless of which underlying agreement they arise from, or when the main contract lacks a clause and needs to be supplemented.",{"use_template":465,"template_plus_review":469,"custom_drafted":473},{"best_for":466,"cost":467,"time":468},"Commercial agreements between two businesses of similar bargaining power, with disputes unlikely to exceed $250,000","Free","30–60 minutes",{"best_for":470,"cost":471,"time":472},"Employment or consumer-facing agreements, cross-border commercial relationships, or disputes likely to exceed $500,000","$400–$900 for a 1–2 hour attorney review","2–5 business days",{"best_for":474,"cost":475,"time":476},"Complex multi-party joint ventures, international contracts requiring institutional rule customization, or regulated-industry disputes (financial services, healthcare)","$1,500–$5,000+","1–3 weeks",[478,483,488,493],{"code":479,"name":480,"flag_asset_id":481,"note":482},"us","United States","flag-us","The Federal Arbitration Act (FAA) governs most commercial arbitration agreements and creates a strong presumption of enforceability. State-level restrictions apply in consumer and employment contexts — California, New Jersey, and Washington impose significant limits on mandatory arbitration and class-action waivers. The Supreme Court has upheld most commercial arbitration clauses, but courts scrutinize unconscionability defenses on a case-by-case basis.",{"code":484,"name":485,"flag_asset_id":486,"note":487},"ca","Canada","flag-ca","Arbitration in Canada is governed provincially — Ontario's Arbitration Act 1991, British Columbia's Arbitration Act 2020, and Quebec's Code of Civil Procedure each have distinct rules. Class-action waivers in consumer contracts may be unenforceable in Ontario and Quebec. The International Commercial Arbitration Act (based on the UNCITRAL Model Law) applies to international commercial disputes in most provinces. French-language requirements apply to Quebec contracts.",{"code":489,"name":490,"flag_asset_id":491,"note":492},"uk","United Kingdom","flag-uk","The Arbitration Act 1996 governs English-seated arbitration and is widely regarded as one of the most arbitration-friendly frameworks globally. The UK is a New York Convention signatory. Post-Brexit, UK awards are no longer automatically enforceable in EU courts under EU mechanisms, though the New York Convention route remains available. Scotland has separate arbitration legislation under the Arbitration (Scotland) Act 2010.",{"code":494,"name":495,"flag_asset_id":496,"note":497},"eu","European Union","flag-eu","EU member states are New York Convention signatories, but B2C arbitration clauses that deprive consumers of EU statutory rights are generally unenforceable under the Unfair Contract Terms Directive. The EU Online Dispute Resolution platform provides a mandatory first-step mechanism for e-commerce consumer disputes. GDPR compliance must be considered when arbitration proceedings involve personal data, particularly for cross-border disputes involving EU data subjects.",[229,232,499,500,501,502,503,504,505,506,507,508],"independent-contractor-agreement-D160","non-disclosure-agreement-nda-D12692","terms-and-conditions-D12667","service-agreement-D12711","employment-agreement_at-will-employee-D541","partnership-agreement-D172","master-service-agreement-D12657","cease-and-desist-letter-D12916","demand-letter-D13262","unilateral-liability-release-D1045",{"emit_how_to":183,"emit_defined_term":183},{"primary_folder":95,"secondary_folder":511,"document_type":512,"industry":513,"business_stage":514,"tags":515,"confidence":520},"terms-and-warranties","agreement","general","all-stages",[512,516,517,518,519],"contract","legal","dispute-resolution","negotiation",0.95,"\u003Ch2>What is a Dispute Resolution Agreement?\u003C/h2>\n\u003Cp>A \u003Cstrong>Dispute Resolution Agreement\u003C/strong> is a legally binding contract that specifies the process two or more parties must follow to resolve disagreements — typically requiring negotiation, then mediation, then binding arbitration — before either party may file a lawsuit. Rather than leaving dispute resolution to default court procedures, this agreement gives both parties a defined, private, and cost-controlled path from the moment a disagreement arises to a final enforceable outcome. It can operate as a standalone document governing the entire commercial relationship, or as an embedded clause within a master service agreement, partnership contract, or employment agreement. This free Word download covers all three escalation stages in a single document and can be adapted for domestic or cross-border commercial use.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Without a dispute resolution agreement, either party can file suit immediately in any court with jurisdiction — triggering a process that averages two to four years to resolution, exposes both parties' confidential business information in public filings, and costs $100,000 to $500,000 or more per side in legal fees for typical commercial disputes. A signed dispute resolution agreement changes that calculus entirely: most commercial disputes are resolved in the mandatory negotiation or mediation stage at a fraction of arbitration cost, and those that reach arbitration are resolved in 6 to 18 months in a private, confidential proceeding. The agreement also eliminates strategic litigation leverage — a party cannot threaten a prolonged public lawsuit to extract a nuisance settlement when a fast, private, and binding process is already contractually locked in. This template gives any business the structural protection of an institutional-quality ADR framework without the cost of a custom-drafted clause.\u003C/p>\n",1779808940982]