Abstract

(Addendum June 2018) Commercial parties increasingly agree to submit their current or future disputes to mediation in an attempt to resolve disagreements in an efficient and amicable manner. Agreements to mediate, however, can have opposing affects due to the persisting uncertainty regarding their binding nature. There are a growing number of instances in which the parties dispute about whether a party may ignore the agreement to mediate and proceed directly to binding mechanisms such as arbitration, the content of the obligations therein, as well as the forum that may address ...