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mc2 LEGAL has provided counsel with samples of ADR clauses for a variety of types of contracts. 

Counsel can choose to utilize the use of a Special Judge under Chapter 151 as an alternative dispute resolution instead of mediation and/or arbitration.

    

SAMPLE PARAGRAPHS FOR CHAPTER 151 REFERRAL: 

DOMESTIC CONTRACTS 
   
    Choice of Law; Waiver.

       a.  This Contract shall be interpreted according to the laws of [the State of        ]; provided that, it is expressly agreed among the parties hereto that, notwithstanding any provision of the previous clause of this subparagraph to the contrary, the laws of the State of Texas shall apply for the purpose of resolution of any dispute arising out of or relating to this Contract.

       b.   Breach or waiver of the breach of any warranty, representation, covenant, or obligation contained in this Contract shall not be construed as a waiver of the provisions of this paragraph or the paragraph below entitled “Dispute Resolution - Special Judge.”

    Dispute Resolution - Special Judge.

       a.  The parties hereto expressly agree that any dispute arising out of or relating to this Contract that is not resolved by pre-suit negotiation or mediation between the parties shall, immediately upon the filing of suit by any party hereto, be referred to a Special Judge in accordance with Chapter 151, Texas Civil Practice and Remedies Code.  In the event that the parties cannot agree on a Special Judge, then it is expressly agreed that the judge of the court in which the suit is then pending shall appoint a duly qualified Special Judge to hear the case.  If the parties cannot agree on a time and location for the trial, then the Special Judge may select a time and location consistent with the convenience of the parties.

       b.  Each party shall bear its own fees and costs of the above referral and, unless otherwise agreed, shall share equally in the costs of the referral, as provided by statute.

       c.  Venue of any trial conducted pursuant to this paragraph shall be in the State of Texas, unless otherwise agreed by the parties.

       d.  The provisions of this paragraph shall survive and control over any breach of the Contract by any party.

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SAMPLE PARAGRAPHS FOR CHAPTER 151 REFERRAL: 

PRENUPTIAL AGREEMENT and AGREEMENT INCIDENT TO DIVORCE

    Choice of Law; Waiver.

       a.  This Prenuptial Agreement [Agreement Incident to Divorce is hereby incorporated for all purposes as if recited in full in the decree of divorce to which it relates and] [“the Agreement”] shall be interpreted according to the laws of [the State of        ]; provided that, it is expressly agreed among the parties hereto that, notwithstanding any provision of the previous clause of this subparagraph to the contrary, the laws of the State of Texas shall apply for the purpose of resolution of any dispute arising out of or relating to this Agreement; provided further that, venue of any action to enforce any portion of the obligations under this Agreement shall be in the court that has jurisdiction to render the final decree of divorce in the marriage to which this Agreement applies.

       b.   Breach or waiver of the breach of any warranty, representation, covenant, or obligation contained in this Agreement shall not be construed as a waiver of the provisions of this paragraph or the paragraph below entitled “Dispute Resolution - Special Judge.”

    Dispute Resolution - Special Judge.

       a.  The parties hereto expressly agree that any dispute arising out of or relating to this Agreement that is not resolved by pre-suit negotiation or mediation between the parties shall, immediately upon the filing of suit by any party hereto, be referred to a Special Judge in accordance with Chapter 151, Texas Civil Practice and Remedies Code.  In the event that the parties cannot agree on a Special Judge, then it is expressly agreed that the judge of the court in which the suit is then pending shall appoint a duly qualified Special Judge to hear the case.  If the parties cannot agree on a time and location for the trial, then the Special Judge may select a time and location consistent with the convenience of the parties.

       b.  Each party shall bear its own fees and costs of the above referral and, unless otherwise agreed, shall share equally in the costs of the referral, as provided by statute.

       c.  Venue of any trial conducted pursuant to this paragraph shall be in the State of Texas, unless otherwise agreed by the parties.

       d.  The provisions of this paragraph shall survive and control over any breach of the Agreement by any party.

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SAMPLE PARAGRAPHS FOR CHAPTER 151 REFERRAL:
 
INTERNATIONAL AGREEMENTS
   
    Choice of Law; Waiver.

       a.  This Contract shall be interpreted according to the laws of [name of country]; provided that, it is expressly agreed among the parties hereto that, notwithstanding any provision of the previous clause of this subparagraph to the contrary, the laws of the State of Texas shall apply for the purpose of resolution of any dispute arising out of or relating to this Contract; provided further that, venue of any action arising under the terms of this Contract shall be in a court of competent jurisdiction regardless of nationality.

       b.  Breach or waiver of the breach of any warranty, representation, covenant, or obligation contained in this Contract shall not be construed as a waiver of the provisions of this paragraph or the paragraph below entitled “Dispute Resolution - Special Judge.”

    Dispute Resolution - Special Judge.

       a.  The parties hereto expressly agree that any dispute arising out of or relating to this Contract that is not resolved by pre-suit negotiation or mediation between the parties shall, immediately upon the filing of suit by any party hereto, be referred to a Special Judge in accordance with Chapter 151, Texas Civil Practice and Remedies Code.  In the event that the parties cannot agree on a Special Judge, then it is expressly agreed that the judge of the court in which the suit is then pending shall appoint a duly qualified Special Judge to hear the case.  If the parties cannot agree on a time and location for the trial, then the Special Judge may select a time and location consistent with the convenience of the parties.

       b.  Each party shall bear its own fees and costs of the above referral and, unless otherwise agreed, shall share equally in the costs of the referral, as provided by statute.

       c.  Venue of any trial conducted pursuant to this paragraph shall be in the State of Texas, unless otherwise agreed by the parties.

       d.  The provisions of this paragraph shall survive and control over any breach of the Contract by any party.

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