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Expert Analysis

Drafting A Sensible And Effective Multistep ADR Provision

By Gilbert Samberg, Mintz Levin Cohn Ferris Glovsky and Popeo PC (December 12, 2016, 4:37 PM EST) -- When businessmen (or their legal counsel) give much consideration to the dispute resolution provisions of their commercial agreements, they sometimes seek to delay engagement in adjudicative processes in hopes of achieving cost savings. The implicit thinking is that the longer one keeps the parties out of court or an arbitration proceeding, the more likely it is that they will avoid or reduce the costs of formal dispute resolution processes altogether....

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