Given the significant number of lawsuits commenced against commercial lenders and the tremendous costs and delays associated with litigation, it is now incumbent upon banks and other commercial lenders to consider incorporating alternative dispute resolution (“ADR”) provisions in their agreements, including their loan agreements, intercreditor agreements, and participation agreements. While the financial costs of litigation may be great, they may pale in comparison to other litigation costs, such as reputational risk, resource expenditure (including human capital), relationship risk, lost opportunity costs, and a reduction in employee morale. The purpose of the Commercial Lending Committee is to assemble commercial lending professionals to engage in discussions regarding whether ADR should be used to resolve disputes arising in the commercial lending context, what types of ADR should be employed in the commercial lending context, and the terms that should be included in commercial lending ADR provisions.

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