How will ADR agreements be enforced?
Even agreements reached in good faith may sometimes be subject to different interpretations or to unforeseen circumstances. It is recommended that agreements include provisions for dealing with unanticipated developments or differences of interpretation that may affect the application of the agreement. For example, a clause may provide that parties meet to discuss any differences of interpretation or application and, if they are unable to resolve the matter directly or through mediation, for the issue to be decided by a person they have agreed upon in advance.