6. Alternative Dispute Resolution
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
B: Effects of clause
II: Subsequent agreement between parties
Section 2: Appointment and duties of mediator
Chapter 2: Mediation process
Title 2: Judicial mediation
Title 3: Mandatory mediation
Part 2: Conciliation
Part 3: Participatory procedure for the purpose of amicable resolution
Part 4: Agreement of the parties
10. Drafting precautions
1 minute de lecture
The parties to a contract may insert or stipulate a clause establishinf the use of a mandatory mediation procedure prior to bringing the matter before the court in the event of a dispute .
Given its purpose, the mediation clause must be drafted clearly and precisely to avoid any ambiguity related to its interpretation. Thus, the clause must not only be in writing but also expressly provide for ma …