Q&As

Can a multi-tier dispute resolution (DR) clause provide for mediation between the parties in one location followed by in the absence of settlement of the dispute and arbitration in another location? Can a DR clause provide for arbitration and court litigation?

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Published by a ÑÇÖÞÉ«ÇéÍø Arbitration expert
Published on: 29 January 2018
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Multi-tier dispute resolution clauses

Contractual parties are free to agree, subject to relevant law governing validity/enforceability, that relevant disputes under their contract shall be resolved by mediation followed by, in the event that mediation is not successful, binding arbitration. Indeed, many model alternative dispute resolution (ADR) clauses provide for such an approach—see for example, Mediation followed by arbitration: Chartered Institute of Arbitrators: Atkin's Court Forms [214].

The fact that parties agree for mediation to take place in one location and for arbitration to take place in another is, once again, subject to relevant applicable law, a matter of party autonomy, although such approach will have logistical challenges for the parties

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United Kingdom
Key definition:
Dispute resolution definition
What does Dispute resolution mean?

pension scheme disputes between the member and the trustees can be resolved using a range of different methods including internal dispute resolution, TPAS, which operates a network of volunteer advisers, the Pensions Ombudsman, the courts and alternative dispute resolution by way of arbitration or mediation.

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