Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I am a management consultant in Houston, Texas. I am

designing a contract template for...
I am a management consultant in Houston, Texas. I am designing a contract template for my practice. I want to include an "alternative dispute resolution" paragraph where I indicate that if there is a dispute, the parties of the contract will use a mediator or arbitrator to resolve the issue.I also want to include a paragraph in the contract that limits my liability to the total fees that the client will pay me for my consulting services.Is an "alternative dispute resolution" paragraph in conflict with a "limited liability" paragraph?Thanks,
Charles
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
1/20/2017
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,213
Experience: Attorney with 29 years of experience.
Verified

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Ask Your Own Legal Question

I don't agree with the lawyer's interpretation. An alternate dispute resolution paragraph simply judges a dispute based upon the terms of the contract itself. The alternate dispute process reviews the contract and analyzes the dispute and then rules based on the contract itself. That doesn't negate the parties' right to set parameters of liability should you be the party found to be at fault. I would specifically provide in your alternative dispute provision that is is subject to the parties' agreement on the limitation of liability set forth in that provision. And, as long as the contract is agreed upon by both parties, there would be no conflict and the alternate dispute process would need to render its judgment within the parameters set forth in the contract, including the liability limitation.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Ask Your Own Legal Question

I just wanted to let you know that I will be away at a meeting for the next hour or so. Should you have a follow up while I’m away, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.

Ask Your Own Legal Question
Customer reply replied 1 year ago
Richard, exactly what does it mean to say that the alternative dispute resolution "is subject to the parties' agreement on the limitation of liability set forth in that provision"? Please elaborate.
Customer reply replied 1 year ago
Richard, I added a version of the statement you suggested. I show the "resolution" and the "liability" paragraphs below. Do they fit well together?XI. ALTERNATIVE DISPUTE RESOLUTION
To avoid the expense and time of litigation, Consultant and Client will attempt to resolve all disputes outside of the courthouse. If the parties cannot reach a resolution of the dispute through their own efforts, the parties agree to then employ more formal dispute resolution methods. Any disputes connected with this agreement, services, or duties will be brought to mediation within thirty (30) days of the date either party requests mediation in writing. If the parties cannot agree on a mediator, the parties elect to have a mediator provided for them by the American Arbitration Association (A.A.A.) or by Judicial Arbitration and Mediation Services (J.A.M.S.). If mediation does not successfully in resolve the dispute, both parties agree that the matter shall be taken to binding arbitration by a single arbitrator mutually agreed upon by the parties or by an arbitrator selected through A.A.A. or J.A.M.S. Arbitration shall occur within 60 days of the mediation. The results of the arbitration are to remain confidential.The decision and the award that many be determined by the arbitrator will be final and binding upon both parties. All costs and expenses, including attorneys' and experts' fees, incurred as a result of this dispute will be borne by the party determined to be liable.This alternative dispute resolution is subject to the parties' agreement on the limitation of liability set forth below.XII LIABILITY
Consultant’s liability will be limited to the total fees to be paid by Client. Consultant is not liable for consequential damages, lost profits or punitive damages.Charles
Customer reply replied 1 year ago
Hi Richard,Will my liability paragraph likely be enforceable in Texas?Charles

Thanks for following up Charles. In my experience, yes, I think it will likely be enforceable. :)

Ask Your Own Legal Question
Customer reply replied 1 year ago
Richard,Do the paragraphs I sent you work well together?Can you elaborate on the exact meaning of ""is subject to the parties' agreement on the limitation of liability set forth in that provision"?Charles

I believe so. That language means that the the ADR provision is subject to the limited liability provision and thus the ADR arbitrator must honor that provision in the same way it makes a decision based on the rest of the contract.

Ask Your Own Legal Question
Customer reply replied 1 year ago
Hi Richard,Are the content of all paragraphs understandable and adequate for "dispute resolution" and "limiting liability"?Charles

Yes, I believe they are.

Ask Your Own Legal Question

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,213
Experience: Attorney with 29 years of experience.
Verified
Richard and 87 other Legal Specialists are ready to help you
Ask your own question now

Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time!

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Richard Your Own Question
Richard
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,213
57,213 Satisfied Customers
Experience: Attorney with 29 years of experience.

Richard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
If don't want to go to mediation but I am willing to try to
If don't want to go to mediation but I am willing to try to resolve it doing anything in the list what will happen if I check them all?Also, if the defense has checked everything on the cm-110 but arb… read more
Bill Attorney
Bill Attorney
law
2,802 satisfied customers
I have a Master Services Agreement and a prospective
I have a Master Services Agreement and a prospective customer has requested a couple changes which I am not sure of its legal impact that I would like to discuss … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
1,384 satisfied customers
I have a contract between myself and a software development
I have a contract between myself and a software development agency which I'd kindly like it revised by a lawyer to point out any condition that doesn't preserve my rights as a client … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
Looking for simple language for mediation clause. TX
Looking for simple language for mediation clause JA: What state are you in? It matters because laws vary by location. Customer: TX JA: Has anything been filed or reported? Customer: no JA: Anything el… read more
Thelawman2
Thelawman2
Doctoral Degree
1,733 satisfied customers
In California, what is the difference between a mediation
In California, what is the difference between a mediation hearing and a arbitration hearing and a binding arbitration hearing. Are there any laws or rules that explains the answer to my question that … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I am in a contract dispute over payment for services
I am in a contract dispute over payment for services rendered. After successful milestone completion and delivery of the project and services rendered, the 2nd party is attempting to cancel the contra… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,658 satisfied customers
When a personal, unsecured loan in Iowa was in default, the
When a personal, unsecured loan in Iowa was in default, the lender demanded payment by a third party (not on the loan). The individual who owed the personal, unsecured loan was also the maker of a com… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I dont think I have an arbitration clause, I just have not
I don't think I have an arbitration clause, I just have not found any other way to go on the San Diego Bar Association website. I would like it to be speedy and economical for both parties though Is t… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I seek a procedural consultation on a Case Management Conference
I seek a procedural consultation on a Case Management Conference on civil collection matter scheduled in MA this Monday that I will be attending as the Plaintiff pro se.… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Question 21: Regarding alternative dispute resolution mechanisms,
Question 21: Regarding alternative dispute resolution mechanisms, which if the following is a FALSE statement? a. Mediation is a process by which a neutral third party acts as a conciliator and assist… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am a member of a Texas LLC. The LLC operates a restaurant.
I am a member of a Texas LLC. The LLC operates a restaurant. The restaurant is in year 3 of a 5 year lease for the building. It has failed to make its lease payments for 2 months and was brought to th… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
Who is responsible for arbitrators fees if 50% partner does
Who is responsible for arbitrators fees if 50% partner does not want to hire one... This is indicative of the issues we are having - that one partner is blocking all change and telling other what will… read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,653 satisfied customers
The following is the decision handed down from small claims
The following is the decision handed down from small claims court in Pleasanton, CA: Gentlemen: In reviewing your documents I noted that you contract provides (at paragraph 12) for mediation and , if … read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
929 satisfied customers
Ben and Jerry agree that they will work together to manufacture
Ben and Jerry agree that they will work together to manufacture and market ice cream. They also agree that they will not use the legal system to resolve any disagreements that may arise between them i… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I need help with those questions please 1. Disputants who
I need help with those questions please: 1. Disputants who are unable to negotiate a solution to a pending conflict but who wish to avoid a public court trial can choose what is called: a. a trial wit… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
I am doing a paper for school. my quesiotn is can a company ...
I am doing a paper for school. my quesiotn is can a company add an alternative dispute resolution clause in their commercial contracts that in the past has had numerous faulty products and recalls for… read more
Atticus
Atticus
Attorney
Doctoral Degree
10 satisfied customers
are there any cases in texas that have ever been set aside ...
are there any cases in texas that have ever been set aside due to mediator misconduct. the mediator i had is a retired judge and he was biased for the other side, telling me i was abusing my child by … read more
Help4Health
Help4Health
Attorney and Counselor at Law
Doctor of Jurisprudence
31 satisfied customers
what is the statue of limitations on a civil case ...
what is the statue of limitations on a civil case matter involving a limited partner, who sold his intrest seven years ago. is there a time limit.… read more
Flagbridge-ADR
Flagbridge-ADR
Principal Consultant
B.Kin, B.C.L, C. Neg, C. Med, C. A
1,786 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x