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SOP: Handling a Dispute Under a Contract’s ADR Clause

A standard sequence for what to do the moment a commercial dispute arises under a contract containing a dispute-resolution clause.

This sets out the sequence to follow the moment a dispute arises under a contract that contains an arbitration, mediation or other ADR clause.

Step 1 — Locate and read the clause first

Before any correspondence about the substance of the dispute, establish exactly what the contract requires — mandatory negotiation, mediation, arbitration, or a tiered combination — and any procedural pre-conditions such as a notice period.

Step 2 — Comply with any pre-conditions

Many clauses require a formal notice, or a defined period of negotiation, before arbitration or mediation can be invoked. Skipping this step can itself become a procedural objection later.

Step 3 — Preserve the relevant record

Gather correspondence, the contract itself and any performance records relevant to the dispute before the process formally begins.

Step 4 — Invoke the clause formally

Send the notice or request required by the clause, addressed correctly and within any time limit stated.

Step 5 — Engage properly in the chosen process

Whether mediation or arbitration, engage in good faith and keep records of the process itself, since these may matter if enforcement or a further challenge becomes necessary.

What to do next

Bring the contract and any correspondence exchanged so far, and confirm which stage of the clause’s process you are currently at.

Written by

Waleed Mansoor

Advocate High Court · Founding Principal

LL.B., University of the Punjab. Diploma in Tax and Forensic Laws. Founder of LawBytes, and formerly Director of the Legal Leadership Forum. Practises across litigation, corporate, regulatory and immigration matters.

More about the practice

This is general legal information, not advice. It describes how a process generally works and does not address the facts of any particular matter. Reading it does not create a lawyer–client relationship, and outcomes depend on the specific facts of each case.

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