Summary

Corporations often include in their contracts multi-tiered dispute resolution clauses which include a negotiation tier. The goal is to avoid, as much as possible, a full-blown legal disputes in case of a conflict. However, negotiation clauses are often perceived as little more than an expression of courtesy that does nothing to actually encourage settlements. Also, enforcement of these clauses against one of the contracting parties is frequently said to be impossible or undesirable due to the intrinsic nature of negotiation. This paper depicts and analyzes these and other common non ...