I’m lawyer, so I talk to a lot of people who are in disagreement; but they all agree on one thing, the litigation system is broken.
So, if the system isn’t working– fix it.
You can do it – if you remember that every contract is considered to be the “private law” of the parties. As long as it doesn’t conflict with the larger system, that private law will be upheld and enforced by the larger system.
When you write your agreements, create your own legal system.
Start by naming the vision and values that will govern decision-making in your relationship: “In order to form a more perfect union . . .”; “We hold these truths to be self evident . . . .”
Then, establish a customized structure for having the conversation if you find yourselves in disagreement.
Instead of being forced to turn as a supplicants to a failing legal process — where you must ask the Great and Powerful Legal Interpreter to tell you how your contract’s language is going to impact your current reality — you can choose, or even design, your own dispute resolution system.
You don’t have to choose an adversarial system.
By choosing a process with a proven track record for harnessing the creative potential of conflict while minimizing its destructive tendencies (there are a few I can recommend), you can keep the power of self-determination, the power to decide how you want to solve the problem. You can give yourselves a better chance of sustaining the beneficial purpose of your relationship and evolving the vision and mission in a productive response to unexpected change.
You don’t have to use the broken system. Occupy The Legal System. Make your own system that works.
 It is (mostly) true that the parties cannot contract away the right to litigate. The spectre of litigation will always be there. But it does not have to be your only option. You can make the broken system your choice of *last* resort by agreeing that using an alternative, non-adversarial process is a pre-condition to launching a litigation.