Alternative Dispute Resolution (ADR): Incorporating it into a Commercial Agreement

Including ADR clauses during negotiation of commercial agreements allows parties to an extent to design their own ADR process with respect to that agreement. A recent article by Clayton Utz authors posted to Mondaq looks “at non-binding ADR and how it can be incorporated into a commercial agreement by way of a contractual term” and considers the questions:

•  How do contracts impose a non-binding ADR process?

•  Are non-binding ADR clauses themselves enforceable?

• Isn't an ADR clause just a form of agreement to agree?

What are your views on ADR does it have a place in your approach to commercial agreements?