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Mediation and Commercial Contract Law: Towards a Comprehensive Legal Framework


ISBN13: 9780367484453
Published: December 2020
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £120.00



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There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR.

This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause.

Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.

Subjects:
Commercial Law, Mediation
Contents:
List of Abbreviations
List of Figures
List of Charts
List of Graphs
Chapter I: Introduction
Chapter II: Binding Mediation Agreements and their Enforcement
Chapter III: Parties' Rights and Obligations under a Mediation Agreement
Chapter IV: Essential Elements of a Comprehensive Legal Framework
Chapter V: Conclusion
Annex I: Model Mediation Clause
Annex II: Codebook
Bibliography
Index