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What does this dispute resolution clause actually require me to do?

My contract says disputes must first go through good-faith negotiation, and then gives exclusive jurisdiction to courts where the property is located. I'm confused about what steps are required and whether mediation or arbitration is missing.

Answer

Your clause requires two steps: first, the parties must attempt to resolve the dispute through good-faith negotiation, and if that fails, the dispute must be filed in a specified court.

It does not require mediation or arbitration, so the process moves directly from negotiation to court. If the clause includes specific procedural requirements—such as written notice or a waiting period—those must be followed strictly. If no such details are provided, courts typically evaluate whether the parties acted reasonably under the circumstances.

What does "good-faith negotiation" require?

You must make a genuine effort to resolve the dispute before filing a lawsuit. This generally includes clear communication, sharing relevant information, and attempting to reach a fair resolution.

While there may not be a required format, your efforts should be documented. Written communications can help demonstrate that you satisfied this requirement if the dispute proceeds to court.

What happens after negotiation fails?

If no agreement is reached, the clause requires disputes to be brought in a specific geographic forum, such as a particular state or county. However, the case must still be filed in a court that has proper subject matter jurisdiction.

"Exclusive jurisdiction" means that this is the only forum where a lawsuit may be filed, and the parties cannot choose a different location.

What to do next...

  1. Try to resolve the issue through clear, documented communication.
  2. Review the clause for any timing or notice requirements.
  3. Prepare for court in the specified location if needed.
  4. Consider voluntary mediation if both sides agree.

What to consider in your specific situation

While this clause is straightforward, how it plays out depends on your contract and dispute.

  • Whether your negotiation efforts meet "good-faith" expectations.
  • The location and convenience of the required court.
  • The value and urgency of the dispute.
  • Whether both parties might still agree to mediation.
  • The clarity of the contract terms involved.
  • The cost and time required for litigation.

Understanding these steps helps you follow the contract correctly and avoid procedural issues. Since every situation is different, consider more information through Rocket Copilot, a Legal Pro, or a legal document review to move forward with confidence.

Pro Reviewed
Published on 04/19/2026
Reviewed by Rustin B. Duncan, Esq.

At Rocket Lawyer, we follow a rigorous editorial policy to ensure every article is helpful, clear, and as accurate and up-to-date as possible. This page was created, edited and reviewed by trained editorial staff who specialize in translating complex legal topics into plain language, then reviewed by experienced attorneys to ensure legal accuracy.

Please note: This page offers general legal information, but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask an Attorney.

Laura Bojart
Laura Bojart
Editorial Researcher and Copywriter

Laura Bojart is an SEO copywriter and editor at Rocket Lawyer. She researches legal and business topics and translates complex ideas into clear, practical content for everyday readers. With her background in journalism and endless curiosity, she approaches each subject by asking the questions readers are likely to have first, making legal information approachable and easy to understand even to those with no legal background.