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Arbitration & Mediation

: Settle It Now Negotiation Blog

If Your Client Wants ACTION (and whose doesn't) Try CPR's Model Economical Litigation Agreement

By Victoria Pynchon

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CPR's Model Economical Litigation Agreement (ELA)
Reducing Civil Litigation Costs with a Litigation Prenup


What is an ELA? An ELA is a hybrid of civil litigation and arbitration, where parties agree to use finite, defined and proportional discovery procedures in lieu of conventional discovery. CPR's new model agreement includes a mandatory pre-litigation dispute resolution section, as well as fee-shifting in discovery disputes decided by an ELA arbitrator.

Why should I use an ELA? Companies that use the ELA can significantly reduce the cost of litigation.  Also, by shifting disputes out of arbitration -- where there are no appellate rights to litigation -- you allow the common law to keep pace with changing technology.

How do I use the ELA? Companies can incorporate the model agreement by reference into contracts with partners, suppliers and other B2B customers at the start of a business relationship. 

Full post as published by Settle It Now Negotiation Blog on August 06, 2010 (boomark / email).

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