It falls to transactional lawyers to include ADR provisions in their contracts when they believe it will serve client interests better. As Chuck McPhillips from Norfolk told us, a good ADR provision does a lot to deter breach of contract and ever having to use the provision. Learning how to write a solid ADR provision is critical.
For some practice and drafting tips, take a look at “Drafting Dispute Management Clauses” [PDF] by Peter Phillips, and “A Prescription for Drafting Healthcare Dispute Resolution Provisions” [PDF] by Jeanne F. Franklin.
What advice do you have? What's your preferred ADR clause? Please share in a comment.