Commentary

95 Agreements entered into after a dispute arises

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)

95 Agreements entered into after a dispute arises

95 Agreements entered into after a dispute arises

Where a dispute arises before an agreement to mediate has been entered into, the party wishing to propose mediation will need to give careful thought to the best way to broach the subject with the other party. Relevant considerations will include who should make the approach (businessmen or lawyers), through what channels (direct or through an intermediary) and how it should be presented.

The party should consider involving a recognised ADR provider at an early stage, since such organisations can provide explanatory literature and offer help and advice on matters of procedure and

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