Mediation and Commercial Contract Law

£39.99

Mediation and Commercial Contract Law

Towards a Comprehensive Legal Framework

International law Legal systems: civil procedure, litigation and dispute resolution Commercial law Contract law

Author: Maryam Salehijam

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Language: English

Published by: Routledge

Published on: 10 December 2020

Format: LCP-protected ePub

Size: 1 Mb

ISBN: 9781000262469


Introduction

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.

Scope of the Book

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.

Intended Audience

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

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