Commentary

94 Agreements entered into before a dispute arises

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

94 Agreements entered into before a dispute arises

| Commentary

94 Agreements entered into before a dispute arises

A key advantage of making contractual provision for mediation is that it avoids the risk faced by a party who wishes to attempt mediation once a dispute has arisen that the suggestion may be treated with suspicion or as a sign of weakness by the other party.

The more clearly the clause sets out the nature and rules of the process, the greater the likelihood that it will be enforced by the courts if necessary1. Equally, however, the more the mediation procedure is defined in advance, the less flexibility the

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