What Every Business Transaction Lawyer Should Know About Drafting Arbitration Clauses in Contracts

Mediation and arbitration are popular forms of Alternative Dispute Resolution (“ADR”) and many businesses now require ADR provisions in their contracts or agreements. However, Arizona’s Revised Uniform Arbitration Act (the “RUAA”) prohibits certain provisions of the RUAA from being waived in advance of any conflict, and provides that other provisions may only be waived after a conflict arises. Do you know what those provisions are? Do you know how to draft an effective ADR clause in a contract or other agreement? If you practice law in business, real estate, construction, employment, or other areas that commonly utilize arbitration then you need to know how to draft ADR provisions (or to look for ways to attack their validity or enforceability if that would best serve your client). In this program attorney Mark E. Lassiter, an experienced arbitrator and ADR practitioner, will identify common mistakes that practitioners make in drafting ADR clauses, explain when and how different ADR vehicles are best used in particular types of disputes, and address the following key issues in drafting ADR clauses:

• Key provisions that every arbitration clause or agreement should have;
• Key stakeholders that must be considered for every arbitration clause or agreement;
• Selecting the right substantive arbitration law that will govern the arbitration clause or agreement;
• Selecting whether the arbitration is ‘administered’ by an Arbitration Organization or ‘self-administered’ by the Arbitrator;
• Common situations that are ‘carved out’ from arbitration – what they are and why they should be excluded;  and
• Drafting attorneys’ fees clauses and provisions.

Faculty:
Mark Lassiter, The Lassiter Law Firm

Note: Lunch will be provided  for in-person attendees.