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PLAYBOOK TEMPLATES

Property Management Agreement

A Property Management Agreement sets the terms under which an agent manages real estate on behalf of an owner. This playbook outlines duties of care, indemnification, and compensation structures.

Dispute Resolution and Venue

Why This Matters: Unfavorable venue or lack of ADR may lead to protracted and expensive litigation. Clear resolution mechanisms accelerate dispute handling and reduce legal fees.

Negotiation strategy

If you're the Manager:

Ensure the dispute resolution clause aligns with the company's operational jurisdictions to minimize travel and legal costs. Opt for mediation as a first step to preserve business relationships.

If you're the Landlord:

Negotiate for a venue that is convenient and cost-effective for the contractor. Advocate for arbitration to ensure a binding resolution without court involvement.

Essential elements

1

Governing Law

Jurisdiction for legal interpretation.
2

Venue

Location for legal proceedings.
3

Alternative Dispute Resolution

Methods like mediation or arbitration.

Action framework

ACCEPT

Propose edits if the venue is inconvenient or the ADR process is unclear.

EDIT

Reject if the clause imposes excessive costs or risks.

ADD

Add language to specify ADR timelines and confidentiality.

PRO TIP

Always specify a neutral venue to avoid home-court advantage and ensure fairness.

Example clauses

FAVORABLE

Balanced ADR Clause

"In the event of any dispute, the parties agree to first attempt resolution through mediation administered by [Mediation Institution]. If unresolved, arbitration will follow under [Arbitration Institution] rules."
NEUTRAL

Standard Venue Clause

"Any legal action shall be brought in the courts located in [City, State]."
UNFAVORABLE

One-Sided Venue Clause

"All disputes shall be resolved exclusively in the courts of [Party 1's City, State]."

Fallbacks

Cross-Border Transactions

In cross-border deals, specify international arbitration to avoid jurisdictional issues and ensure enforceability.

High-Value Contracts

For high-value contracts, include detailed ADR procedures to manage complex disputes efficiently.

Long-Term Partnerships

In long-term partnerships, prioritize mediation to maintain relationships and resolve issues amicably.
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