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Alternative Dispute Resolution Clauses for Leases and Real Estate Contracts

By Gary S. Salzman

Many lawyers and real estate professionals tend to discourage ' or even prohibit ' the inclusion of alternative dispute resolution (ADR) clauses for their lease agreements and various other real estate contracts. Sometimes this reaction is instinctive without any real thoughtful evaluation of whether and under what circumstances an ADR clause should be added to any agreement. This article briefly explores a few instances where an ADR clause should be strongly considered. Before doing so, the two most common forms of ADR are discussed. (Although this article is primarily based upon Florida law, the legal principals discussed are likely common and applicable to most other jurisdictions in the U.S. Before deciding whether to include an ADR clause in any lease or real estate contract, however, the parties should consult with competent legal counsel licensed to practice law in the applicable jurisdiction.)

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