What happens if I don't follow the ADR requirement in my contract?

What will a court do if you skip ADR?

In most cases, the court will enforce the contract. This often means putting your lawsuit on hold and sending both parties to mediation or arbitration.

If arbitration is required, the court may fully dismiss the case and require arbitration instead.

Are there any exceptions?

Sometimes a court may allow a case to proceed, but this is limited. It may happen if the clause is unclear, does not apply to the dispute, or is found to be unfair.

There may also be exceptions for urgent legal issues, but these are not common.

What to do next...

1. Review your contract's ADR clause carefully.
2. Confirm whether mediation, arbitration, or both are required.
3. Consider starting the ADR process before filing.
4. Be prepared for delays if you try to go straight to court.

What to consider in your specific situation

While ADR clauses are usually enforced, outcomes depend on your contract and dispute details.

• Whether the ADR clause is clearly written and mandatory.
• The type of ADR required (mediation vs arbitration).
• Whether your dispute falls within the clause.
• The urgency of your situation.
• The cost and time involved in ADR vs court.
• Local laws affecting enforceability.

Following the required process can save time and avoid setbacks in your case. Since every situation is different, consider more information through Rocket Copilot, a Legal Pro, or a legal document review to move forward with confidence.