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Demand for Arbitration

Submission to ADR


How to Submit Current and Future Cases to DPR

The language that follows is provided to inform parties of some of the dispute prevention and resolution options and possibilities available through DPR. Parties have the freedom to customize submission language, contract clauses, or specifications to suit the specific needs of the dispute or project. Additional information is available upon request.


Submission of Existing Disputes


Submission language for submission of an existing dispute to mediation:

The parties in this matter have agreed and hereby submit this dispute to confidential mediation in accordance with the Rules, Procedures and Protocols for Mediation of Dispute Prevention & Resolution, Inc., now in effect. We agree that our participation in these proceedings does not waive any right or claim which we possessed or was in effect prior to these proceedings. We acknowledge and agree that disclosures made during the mediation proceedings and in any confidential documents submitted to the Mediator(s), are governed by Rule 408 of the Hawaii Rules of Evidence. This rule acknowledges the inadmissibility of compromise and offers to compromise. We agree to engage in a good faith effort to resolve this dispute through mediation.

Suggested language for submission of an existing dispute to arbitration:

The parties in this matter have agreed and hereby submit this dispute to binding arbitration before one/three arbitrator(s) in accordance with the Rules, Procedures, and Protocols for Arbitration of Dispute Prevention & Resolution, Inc., now in effect. We agree that all matters in controversy between the parties are subject to this agreement. We further agree that any award rendered in this proceeding is binding upon the parties and that a judgment of any court of competent jurisdiction may be entered on the award.



Dispute Resolution Contract Clauses


Suggested contract language for mediation of future disputes:

Any and all matters in dispute arising from or relating to this contract/agreement, or the breach thereof, which remain unresolved after direct negotiation between the parties, shall first be submitted to confidential mediation in accordance with the Rules, Procedures and Protocols for Mediation of Dispute Prevention & Resolution, Inc., then in effect. The parties agree that a good faith attempt to resolve all issues in mediation is a pre-condition to further adversarial proceedings of any kind.

Suggested contract language for binding arbitration of future disputes:

Any and all claims, controversies, or disputes arising out of or relating to this contract/agreement, or the breach thereof, shall be fully and finally resolved by arbitration in accordance with the Rules, Procedures, and Protocols for Arbitration of Disputes of Dispute Prevention & Resolution, Inc., then in effect. In the event arbitration is invoked, the Parties agree that one/three arbitrator(s) shall be appointed to hear and resolve the case. The parties further agree that the award of the arbitrator(s) is binding upon the parties and that judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Suggested Contract Language for mediation/arbitration of future disputes:

Any and all claims, controversies or disputes arising out of or relating to this contract/agreement, or the breach thereof, which remain unresolved after direct negotiations between the parties, shall first be submitted to confidential Mediation in accordance with the Rules, Procedures, and Protocols for Mediation of Disputes of Dispute Prevention & Resolution, Inc., then in effect. If any issues, claims or disputes remain unresolved after mediation concludes, the parties agree to submit any such issues to binding arbitration before one/three arbitrator(s) in accordance with the Rules, Procedures, and Protocols for Arbitration of Disputes of Dispute Prevention & Resolution, Inc., then in effect. The parties further agree that the award of the arbitrator(s) is binding upon the parties and that judgment upon the award rendered may be entered in any court of competent jurisdiction.



Dispute Prevention Language


Suggested language for Partnering Specifications:

In order to achieve effective and efficient completion of this project, the project stakeholders agree to conduct a Partnering Retreat workshop within 10/30/60 days of the issuance of the Notice to Proceed. The Partnering Retreat shall be attended by key personnel of the Contractor, the Owner, the Designer, the subcontractors, major suppliers, and any other significant project participants. The project stakeholders intend to create a spirit of cooperation and cohesiveness utilizing Partnering techniques. The Partnering Retreat shall be conducted at a neutral facility and shall be facilitated by Dispute Prevention & Resolution, Inc. of Honolulu, Hawaii. The cost of the Partnering Retreat shall be (borne equally among all key project stakeholders, borne equally by the Contractor and Owner, borne solely by the Owner, borne solely by the Contractor, borne initially by the Contractor and then passed along to the Owner as a normal cost of the project.) Follow up mini-retreats or workshops may be held on a periodic basis as agreed to by the project stakeholders. (NOTE: Information relating to cost figures for DPR facilitation services for inclusion in bid documents should be obtained by calling DPR at 5232-1234).

Suggested language for Dispute Review Board Specifications:

In order to provide a project-level forum for the early, objective, rational, and non-binding/binding review of disputes, the parties agree at the inception of this project to create a Dispute Review Board consisting of three members in accordance with the Rules, Procedures, and Protocols for DRB's of Dispute Prevention & Resolution, Inc., then in effect. The DRB panel shall be comprised of one member designated by the Contractor, one member designated by the Owner, and a third member selected by those two, and the third shall serve as the chairperson of the DRB. Thereafter, DPR shall administer the DRB proceedings in a manner which is consistent with the parties' needs, the DRB's direction, and the Dispute Review Board Rules, Procedures and Protocols of DPR.

Note: Parties to a contract which presently contains dispute prevention or resolution provisions which do not name a specific administering agency (or which name an agency other than DPR), may either (1) agree to submit specific disputes to DPR as they arise (in such instances the parties must specify in their written ADR submission their agreement to utilize DPR administrative rules and procedures) or (2) amend their contract to select in advance DPR as the administering agency