Contract Provision

Insert these provisions in your agreements as a clause entitled “Dispute Resolution” or replace your existing dispute resolution clause with your New Era preferred method. Please note these provisions can be amended as necessary to fit your particular circumstances.  Please fill out the "Contact Us" form here if you are inserting these in your agreements so we can track volume.  Please note, if you have a clause including "Ignite ADR," New Era is the same company and all Ignite clauses are honored as if they state "New Era ADR".    

 

E-Arbitration

 

Any unresolved dispute or controversy arising from or relating to [these Terms // this Agreement] shall be finally resolved by binding alternative dispute resolution through the platform provided by New Era ADR, Inc. (https://neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures for “E-Arbitrations” by one professional neutral with substantial experience in resolving commercial disputes (a “Neutral”). The Neutral shall be assigned from the appropriate list of Neutrals under the New Era Platform in accordance with the rules and procedures of the New Era Platform. Each party will bear its own costs with respect to any disputes arising under this Agreement; provided, however, that the prevailing party may be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees and all other expenses) incurred in connection therewith, at the Neutral’s discretion. Each party shall pay one-half (1/2) of the New Era Platform fees charged in connection with the proceeding.

Required Virtual Mediation prior to E-Arbitration

 

Any unresolved dispute or controversy arising from or relating to [these Terms // this Agreement] shall be mediated in good faith by both parties prior to any party pursuing any other legal or equitable remedy under any forum whatsoever (a “Mediation”). All such Mediations shall be conducted through the platform provided by New Era ADR, Inc. (https://neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures by one professional neutral with substantial experience in mediating and resolving commercial disputes (a “Neutral”). The Neutral shall be assigned from the appropriate list of Neutrals under the New Era Platform in accordance with the rules and procedures of the New Era Platform.

If and only if any such unresolved dispute or controversy arising from or relating to [these Terms // this Agreement] is not finally settled through a Mediation, such unresolved dispute or controversy shall be finally resolved by binding alternative dispute resolution through the New Era Platform in accordance with its rules and procedures by one Neutral. The Neutral shall be randomly selected from the appropriate list of Neutrals under the New Era Platform in accordance with the rules and procedures of the New Era Platform.

Each party will bear its own costs in respect of any disputes arising under this Agreement; provided, however, that the prevailing party may be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees and all other expenses) incurred in connection therewith, at the Neutral’s discretion. Each party shall pay one-half (1/2) of the New Era Platform’s fees charged in connection with the proceeding.

Virtual Mediation with Binding E-Resolution

 

Any unresolved dispute or controversy arising from or relating to [these Terms // this Agreement] shall be finally resolved by binding alternative dispute resolution through the platform provided by New Era ADR, Inc. (https://neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures for “Virtual Mediations with Binding E-Resolutions” by one professional neutral with substantial experience in resolving commercial disputes (a “Neutral”). The Neutral shall be assigned from the appropriate list of Neutrals under the New Era Platform in accordance with the rules and procedures of the New Era Platform. Each party will bear its own costs in respect of any disputes arising under this Agreement; provided, however, that the prevailing party may be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees and all other expenses) incurred in connection therewith, at the Neutral’s discretion. Each party shall pay one-half (1/2) of the New Era Platform fees charged in connection with the proceeding.

E-Arbitration or Virtual Mediation with Binding E-Resolution (parties can decide if and when a dispute arises which form to use)

 

Any unresolved dispute or controversy arising from or relating to [these Terms // this Agreement] shall be finally resolved by binding alternative dispute resolution through the platform provided by New Era ADR, Inc. (https://neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures by one professional neutral with substantial experience in resolving commercial disputes (a “Neutral”). The Neutral shall be assigned from the appropriate list of Neutrals under the New Era Platform in accordance with the rules and procedures of the New Era Platform. Each party will bear its own costs in respect of any disputes arising under this Agreement; provided, however, that the prevailing party may be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees and all other expenses) incurred in connection therewith, at the Neutral’s discretion. Each party shall pay one-half (1/2) of the New Era Platform fees charged in connection with the proceeding.