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PLAYBOOK TEMPLATES
Settlement & Mutual Release Agreement
A Settlement & Mutual Release Agreement resolves disputes and releases parties from future claims. This playbook outlines negotiation of consideration, confidentiality, and release scope.
Dispute Resolution
Negotiation strategy
Ensure the dispute resolution clause includes a structured multi-tiered process. Specify the arbitration institution and location to avoid ambiguity.
Negotiate for a simplified dispute resolution process if the full multi-tiered approach is resisted. Ensure cost-sharing provisions are clear.
Essential elements
1
Negotiation Phase
Initial attempt to resolve disputes.
2
Mediation Phase
Involves a neutral third party.
3
Arbitration Phase
Binding resolution by arbitrator.
Action framework
ACCEPT
Propose edits if the arbitration institution or location is unspecified.
EDIT
Reject if the clause lacks confidentiality or cost-sharing provisions.
ADD
Add jurisdiction-specific compliance clauses if absent.
PRO TIP
Always specify the arbitration institution and location to prevent enforceability issues.
Real-world examples
FAVORABLE
Multi-Tiered Dispute Resolution Process
"The parties agree to resolve any disputes arising out of or in connection with this Agreement through a structured multi-tiered dispute resolution process. The process shall include negotiation, mediation, and arbitration steps."
NEUTRAL
Simplified Dispute Resolution Process
"If counterparties resist, propose a simplified version with at least mediation and arbitration."
UNFAVORABLE
Lack of Specificity in Dispute Resolution
"The parties will resolve disputes as they arise without a structured process."
Alternative scenarios & positions
High-Risk Projects
For high-risk projects, ensure the dispute resolution process is robust and includes expedited arbitration to minimize potential delays.
International Agreements
In international agreements, specify the governing law and arbitration location to avoid jurisdictional conflicts.
Small-Scale Contracts
For small-scale contracts, a simplified dispute resolution process may be more cost-effective and efficient.
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