All in Thoughts

Ask any business owner what they expect their greatest challenge to be in 2022, and virtually every one will have attracting and retaining talent in their top two list. The last couple of years has brought us The Great Resignation on the one hand and greater mobility between job positions than we have experienced in a very long time. In 2022, talent will continue to be hard to find and even harder to retain.

Modern commercial contracts often have dispute resolution provisions buried in the “boilerplate” at the end of the contract. Often, the boilerplate provisions at the end of contracts are overlooked because they are “standard”, but they should never be overlooked or skimmed because they can have significant consequences. Dispute resolution clauses are one of those since they will define how the parties will resolve any disputes. They will typically specify the state law that will apply to any disputes as well as the forum in which any dispute must be resolved. On occasion, the provisions will address mediation, arbitration and litigation. The question is, what procedure is best for a given situation?