The Ethics and Practice of Drafting Pre-Dispute Resolution Clauses

32 Pages Posted: 15 Sep 2016

See all articles by Kristen Blankley

Kristen Blankley

University of Nebraska at Lincoln - Public Policy Center

Date Written: August 2016

Abstract

The audience for the topic of dispute resolution usually consists of neutrals and litigation professionals. This Article, by contrast, is written for the transactional attorney. Transactional attorneys have an important role in dispute resolution, notably by creating processes to resolve future disputes based on the interests of the parties. This Article discusses the ethical and practical issues that arise when drafting pre-dispute agreements for negotiation, mediation, arbitration, and hybrid processes.

Keywords: dispute resolution, drafting, negotiation, mediation, arbitration, collaborative law

Suggested Citation

Blankley, Kristen, The Ethics and Practice of Drafting Pre-Dispute Resolution Clauses (August 2016). Creighton Law Review, Vol. 49, No. 743, 2016. Available at SSRN: https://ssrn.com/abstract=2837902

Kristen Blankley (Contact Author)

University of Nebraska at Lincoln - Public Policy Center ( email )

United States

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