7
PLAYBOOK TEMPLATES

Sales Agency Agreement

A Sales Agency Agreement defines the relationship between a principal and agent for the promotion and sale of goods or services. This playbook outlines commission structures, exclusivity provisions, and termination rights critical to effective representation.

Dispute Resolution

Why This Matters: Litigation in unfamiliar jurisdictions or without structured resolution steps can be time-consuming and expensive. A clear framework reduces friction and preserves business relationships.

Negotiation strategy

If you're the Company:

Ensure the dispute resolution process aligns with the company's strategic interests. Advocate for a venue and governing law that are favorable to the company.

If you're the Service Provider:

Negotiate for a neutral venue and governing law to ensure fairness. Propose a tiered resolution process to minimize costs.

Essential elements

1

Negotiation Clause

Initial step for dispute resolution.
2

Mediation Clause

Secondary step if negotiation fails.
3

Arbitration Clause

Final binding resolution step.

Action framework

ACCEPT

Propose edits if the governing law or venue is unfavorable.

EDIT

Reject if the clause lacks a clear resolution process.

ADD

Add if the clause is missing or incomplete.

PRO TIP

Always ensure the dispute resolution process is clearly defined to avoid costly litigation.

Example clauses

FAVORABLE

Preferred Dispute Resolution Process

"The Parties agree to first attempt to resolve any dispute arising out of or relating to this Agreement through good faith negotiations. Each Party shall designate a representative with the authority to settle the dispute, and such representatives shall meet as often as necessary to attempt to resolve the dispute."
NEUTRAL

Standard Mediation Clause

"If the Parties are unable to resolve the dispute through negotiation within thirty (30) days, either Party may initiate mediation by providing written notice to the other Party. The mediation shall be conducted by a mutually agreed-upon mediator, and shall take place in [City, State]. The costs of mediation shall be shared equally by the Parties."
UNFAVORABLE

Arbitration Clause Template

"In the event that the dispute is not resolved through mediation within sixty (60) days from the initiation of mediation, the dispute shall be finally resolved by arbitration. The arbitration shall be conducted in accordance with the rules of the [Arbitration Institution] and shall take place in [City, State]. The decision of the arbitrator(s) shall be final and binding on the Parties."

Fallbacks

High-Risk Projects

In high-risk projects, ensure the dispute resolution process is expedited to minimize potential losses. Consider including specific timelines for each step.

International Agreements

For international agreements, select a neutral governing law and venue to avoid jurisdictional biases. Consider international arbitration institutions.

Long-Term Contracts

In long-term contracts, ensure the dispute resolution process is flexible enough to accommodate changes over time. Regularly review and update the process as needed.
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