Alternative Dispute Resolution
Dec. 4, 2010
An Agreement to Arbitrate:When Multiple Parties Are Involved
Parties to multiple contracts should carefully review the terms and check for consistency.
A. Marco Turk
Emeritus Professor, CSU Dominguez Hills
Email: amarcoturk.commentary@gmail.com
A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.
Parties entering into contracts generally are encouraged to insert alternative dispute resolution (ADR) clauses providing for either mediation or arbitration or both in the event of a subsequent dispute arising under the agreement. However, what happens when there are multiple complaining parties to multiple contracts (leases) that cover the same subject matter and, although the defendants are the same in all the leases, some contain an ADR clause but others do not? That was the situatio...
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