Parties drafting a contract often see dispute resolution clauses as boilerplate formalities. Other times, a deal team will draft a clause without ever having to experience one tested in anger.

Enforceability of Mediation Condition Precedent Clauses A clause calling for mediation before binding dispute resolution is enforceable, meaning that contracting parties must submit to mediation ...

IN complex negotiations the dispute resolution clause is often an afterthought. For many, it is a perfunctory clause which is included after the more substantive or contentious parts of their ...

When the disputing parties agree to try alternative dispute resolution procedures, the ADR process starts. This understanding could be imposed by a court order, a contract clause, or both.

Arbitration clauses are very common in contracts with ... Mediation or arbitration may be effective methods of dispute resolution in the right circumstances. For example, mediation works well ...

In Lancashire Schools SPC Phase 2 Ltd v Lendlease Construction (Europe) Ltd and others [2024] EWHC 37 (TCC), the Technology and Construction Court considered whether a dispute resolution clause ...