How to Avoid Litigation Using ADR Clauses to Control Your Risks and Costs
A well-drafted alternative dispute resolution clause is the cheapest insurance a contract can carry.
By committing in advance to mediation, arbitration, or both, parties replace the cost,
delay, and unpredictability of litigation with a defined, confidential process they
control. The clauses below are battle-tested examples used in Georgia commercial,
employment, healthcare, and construction agreements.
For 30+ years, Henning Mediation & Arbitration Service has administered ADR for
Atlanta’s litigation bar — from two-party commercial disputes to multi-party
mass torts. Our panel of former judges and senior trial lawyers brings the experience
required to make these clauses work as intended: practical resolution without the
machinery of court.
Always have counsel review and tailor any clause to the specific contract,
industry, and jurisdiction before adoption. The samples below are starting points, not
legal advice.
Sample Clauses Model Contract Language Mediation then Arbitration Clause Any controversy or claim arising out of or relating to this contract or the breach thereof, shall be submitted to mediation administered by Henning Mediation & Arbitration Service, Inc. (Henning) in accordance with its procedures. If the parties are unable to resolve their dispute in mediation, the dispute shall be settled by binding arbitration administered by Henning in accordance with its rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Arbitration Clause Any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall be settled by binding arbitration administered by Henning Mediation & Arbitration Service, Inc. (Henning) in accordance with its rules, and judgement upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration hearing and all proceedings in connection therewith shall take place in Atlanta, Georgia. The arbitration shall be conducted by one or more arbitrators selected by the parties from Henning panel of arbitrators, or, if they are unable to agree on the selection, by one or more arbitrators appointed by Henning. The arbitration hearing shall be commenced within 90 days of the filing of a Demand for Arbitration by either party, and the award shall be rendered within 30 days of the conclusion of such hearing. Arbitration clauses may specify the arbitration rules that the parties want to use. Henning has its own arbitration rules, but will use any other arbitration rules that the parties may specify. Parties may also include other details in their agreement to arbitrate, including the number of arbitrators, location of the arbitration, how soon the arbitration hearing must be commenced, and other matters. Tool Build a Custom Clause
Configure the options below to generate ADR clause language tailored to your
agreement. Supports arbitration, mediation, and mediation-then-arbitration clauses.
Always have counsel review before use.
Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof shall be submitted to final and binding arbitration administered by Henning Mediation & Arbitration Service, Inc. in Atlanta, Georgia, before a sole arbitrator, in accordance with the Henning Arbitration Rules as published on the Henning website. Disclaimer: This clause is a starting point only. ADR agreements have significant legal consequences. Always review with qualified legal counsel before incorporating into any contract. Henning does not provide legal advice. Practical Guidance Selecting an ADR Provider
Parties aware of the benefits of ADR clauses sometimes name a particular national
association to administer the process — without realizing that association charges
significantly higher fees than Henning. It often comes as an unwelcome surprise when a
substantial filing fee, calculated on the amount of the claim, is required to invoke
the arbitration process specified in the contract.
Henning’s case management fees are modest and transparent, and our neutrals’
fees are billed directly. Parties who name Henning in their ADR clause keep the cost
of resolution proportionate to the dispute — a meaningful advantage in mid-market
and small commercial matters where filing fees alone can equal weeks of attorney time.
When drafting your clause, consider naming Henning by name and specifying our rules.
That single decision controls cost, venue, and quality of neutrals from the moment a
dispute arises — without committing parties to a particular outcome.
Why Henning A Local, Experienced Alternative - 30+ years administering mediation and arbitration in Georgia.
- 30+ neutrals — former judges, senior trial lawyers, and subject-matter experts.
- 85%+ settlement rate across mediated matters.
- Modest, transparent fees — no percentage-of-claim filing fees.
- Atlanta-based with virtual options nationwide; rules tailored to Georgia practice.
Ready to Draft Your ADR Clause? Our case management team can answer questions about clause language, rules, and what to expect when a dispute is filed. Contact Us |
