The Multi-Tiered Clause Debate: Efficiency vs. Burden
The 19th Generations in Arbitration Conference hosted a lively debate on multi-tier dispute clauses: Do mandatory negotiation/mediation requirements before arbitration facilitate resolution or create unnecessary delays? Both sides presented compelling arguments supported by case law from various jurisdictions. ●●● Arguments Against Multi-Tiered Clauses 1. Mandatory Mediation Often Fails Due to Lack of Genuine Commitment Critics … Read more