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Cardozo Journal of Conflict Resolution

Abstract

The first part of this article deals with "midnight clauses," referring to the low level of importance placed on drafting a dispute resolution clause during the course of structuring a deal. The design of the clause should be multi-dimensional and not focused on a single process. Further, there needs to be a shift in attitude towards the drafting of dispute resolution clauses across the business and not limited to one transaction. This part also highlights the important role played by the lawyer/advisor 2 in the drafting and formulating dispute resolution clauses in agreements in collaboration with their client. Part II of this article deals with dispute prevention and resolution mechanisms that can be embedded into business systems. The discussion starts with the idea of establishing a conflict resolution specialist into the company as an expert guide for ADR processes. We then examine Planned Early Dispute Resolution as a model structure. Then we look at conflict as commerce and the Monsanto model as an example of dispute resolution systems that can be adopted into business systems in the industry and the inherent benefits in doing so. In Part III, we look at who the dispute resolvers of today are, who the neutrals of the future should be, and the need for diversity.

Disciplines

Dispute Resolution and Arbitration | Law

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