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Multi-Tiered Dispute Resolution Clauses Enforceable If 4 Criteria Are Met

Multi-tiered dispute resolution clauses may be enforceable if the procedure is certain (eg. specific mediator or center is specified); mandatory language is used ('shall' instead of 'may'); a clear ti...

‘Informal Negotiation’ Or ‘Friendly Discussion’ Clause May Constitute Condition Precedent to Arbitration

If the requirement to attempt to resolve a dispute through 'friendly discussion' or informal negotiations is mandatory, time limited, contained in the dispute resolution clause, and arbitration is to ...

County Commissioners Reconsider ‘Controversial’ 3 Step Dispute Resolution Mechanism in Proposed Contract

A three step dispute resolution mechanism which moved from informal negotiation to mediation to binding arbitration, was questioned as being prohibitively expensive for a county when compared to the r...

Can Consumers Be Forced into an Arbitration Agreement by ‘Liking’ a Brand on Facebook and Receiving a Coupon?

When will a website user be bound by an arbitration clause that is buried in the Terms of Use Agreement? When addressing such questions, courts look to the basic principles of contract formation - the...
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