Arbitrator selection is a top concern when drafting any ADR clause, Tuchmann says, and the ClauseBuilder tool takes that into account. "Parties want to be able to control who the decision-maker is," says Tuchmann.
At any point in drafting their clause, users can skip to the end of the process. Their document can be downloaded and printed, without having to create a user account. (If users want to revisit the site and rework a clause that was previously created, they can open an AAA account to store their documents.)
Tuchmann has been with the AAA for more than 16 years, during which time he has seen interest in ADR increase dramatically. Parties are attracted to its speed of resolution and low cost, compared to traditional litigation. Courtroom rules of evidence are not strictly applicable in arbitration, and parties have input when it comes to selecting a decision maker with expertise in a particular claim area.
In recent years, it has become the exception for a law school not to offer courses in ADR, according to Tuchmann. "The way that lawyers are thinking about disputes is just much more sophisticated now," he says. "We see a great future for the tool and for the entire field."
Will ClauseBuilder eliminate in-house lawyers' need for having outside lawyers draw up mediation and arbitration agreements?
Tuchmann says that there will still be times when parties have a very particular type of transaction that will require outside counsel services. But he says that in-house counsel can use ClauseBuilder to draft most arbitration agreements themselves. They have already been drafting their own clauses in many instances, says Tuchmann, and "the purpose of this tool is to make it easier."
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