Law Firm Dispute Resolution Agreement
Law Firm Dispute Resolution Agreement
This Dispute Resolution Agreement ("Agreement") is made and entered into as of [Month, Day, Year,], by and between [Your Company Name], a Corporation duly organized under the laws of the State of [State], with its principal place of business located at [Your Company Address], herein referred to as "the Firm," and [Client's Full Name], residing at [Client's Address], herein referred to as "the Client".
Recitals:
A. The Firm is engaged in the practice of law, specializing in corporate law and family law, and provides legal services and advice to its clients in accordance with the laws of [State/Country].
B. In the interest of achieving a speedy, confidential, and cost-effective resolution of any disputes that may arise between them in connection with the Firm’s services, the parties wish to establish in advance the procedures that will govern the resolution of such disputes.
Therefore, in consideration of the mutual covenants and promises herein contained, the parties agree as follows:
1. Agreement to Binding Arbitration:
Both the Firm and the Client agree that any dispute, claim, or controversy arising out of or relating to the services provided by the Firm, including any disputes regarding any charges or fees incurred, shall be resolved exclusively through final and binding arbitration, rather than in court, except as otherwise provided herein.
2. Arbitration Process:
a. The arbitration shall be conducted by a single arbitrator, mutually agreed upon by the parties. If the parties cannot agree on an arbitrator within 30 days of initiating the arbitration, an arbitrator will be appointed by the American Arbitration Association (AAA) in accordance with its rules.
b. The arbitration will be governed by the AAA's Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer-Related Disputes.
c. The arbitration shall take place in [City, State], or another mutually agreed location.
d. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding.
3. Arbitration Costs:
The costs of arbitration, including administrative and arbitrator fees, will be shared equally by the parties unless the arbitrator's award provides otherwise. Each party will bear its own costs and attorney's fees related to the arbitration proceedings.
4. Exceptions to Arbitral Agreement:
It is stated in this Agreement that any claims that are filed by any of the parties involved in a small claims court are not subjected to the rules stipulated here, given that these claims maintain their status within that specific court. Further, the said claims are expected to only progress on the grounds of an individual, thereby excluding any collective (non-class) or third-party representations (non-representative) from this particular Agreement.
5. Waiver of Jury Trial:
The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration under this Agreement. This waiver extends to any and all rights to seek remedies in court, including the right to a trial by jury. This waiver is a voluntary relinquishment of these rights based on the mutual benefits of a speedy and efficient resolution of disputes through arbitration.
6. Waiver of Class or Consolidated Actions:
All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. This provision applies specifically to past, present, and future claims and includes foregoing any rights to class or representative procedures or consolidations of different arbitral proceedings. This agreement ensures that each party's dispute is addressed individually and impartially.
7. Confidentiality:
All aspects of the arbitration proceeding, including but not limited to the decision and award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law or necessary for the purpose of enforcing the arbitration award. This confidentiality extends to all documentation, evidence, and communication shared during the arbitration process.
8. Severability:
If any part or parts of this Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect. This clause ensures that the invalidity or unenforceability of one or several provisions does not affect the remainder of the agreement, which shall remain in effect.
9. Right to Waive:
Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Agreement. This provision recognizes that either party may voluntarily relinquish specific rights under the agreement in certain circumstances, which must be explicitly acknowledged and agreed upon in writing.
10. Survival of Agreement:
This Agreement will survive the termination of your relationship with [Your Company Name]. This means that even if the contractual relationship between the Firm and the Client ends, the provisions of this Agreement, particularly those regarding dispute resolution, will continue to apply to any claims or disputes that arise during the relationship.
11. Modification:
No part of this Agreement will be modified without the written consent of both parties. Any amendments or modifications to this Agreement must be drafted in writing and signed by representatives of both the Firm and the Client, ensuring mutual consent and understanding of any changes to the original terms.
12. Governing Law:
This Agreement shall be governed by and interpreted in accordance with the laws of the State of [State], without regard to its conflict of laws principles. This provision establishes the legal framework under which the agreement is interpreted, ensuring that any disputes are resolved according to the specified jurisdiction’s laws, which can affect the interpretation of the contract terms.
IN WITNESS WHEREOF, the parties hereto have executed this Dispute Resolution Agreement as of the latest date set forth below.
[Your Company Name]
[Your Name]
[Your Job Title]
[Month, Day, Year]
Client
[Client Name]
[Month, Day, Year]
