I'm thinking of adding the following clause to my 2004 contract and want your opinion (good or bad). Let me know if you seen any loopholes that are a GotchYa! Thanks DISPUTE RESOLUTION: Both CUSTOMER and COMPANY NAME desire to resolve disputes arising out of this Agreement without resorting to litigation. Accordingly, except for action seeking a temporary restraining order or injunction related to the purposes of this Agreement, or suit to compel compliance with this dispute resolution process, CUSTOMER and COMPANY NAME agree to use the following alternative dispute resolution procedure as the sole remedy with respect to any controversy or claim arising out of or relating to this Agreement or its breach. At a written request, CUSTOMER and COMPANY NAME will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. Both parties intend that business representatives who are not lawyers conduct these negotiations. The location, format, frequency, duration, and conclusion of these discussions shall be left to the discretion of the representatives. Upon agreement, the representatives may use alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and correspondence among the representatives for purposes of these negotiations shall be treated as confidential information developed for purposes of settlement, exempt from discovery and production, which shall not be admissible in the arbitration described below without the concurrence of all parties. Documents identified in or provided with such communications that are not prepared for purposes of the negotiations are not so exempted and may, if otherwise admissible, be admitted in evidence in the arbitration. If the negotiations do not resolve the dispute within 60 days of the initial written request, the parties shall submit the dispute to binding arbitration before a single accredited arbitrator (pursuant to the Commercial Arbitration Rules of the American Arbitration Association). CUSTOMER or COMPANY NAME may demand such arbitration in accordance with the procedures set out in those rules. The arbitrator shall control discovery in such arbitration. The arbitration hearing shall be commenced within 120 days of the demand for arbitration. The arbitration shall be held in COUNTY NAME, STATE. The arbitrator shall control the scheduling so as to process the matter expeditiously. The parties may submit written briefs. The arbitrator shall rule on the dispute by issuing a written opinion within 30 days after the close of hearings. The arbitrator upon a showing of good cause may extend the times specified in this section upon mutual agreement of the parties or. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. CUSTOMER and COMPANY NAME will each bear their respective costs of these procedures. Anyone seeking discovery will reimburse the other party for the costs of production of documents, which includes search time and reproduction costs.