Introduction
Mediation is now a well established legal practice1.
The ambit of the mediation process is no longer confined to
traditional contexts2, and its usefulness in civil and
commercial matters is widely acknowledged. Whether the parties'
intention to take part in mediation is rooted in monetary
considerations, a desire for procedural flexibility or
confidentiality concerns, mediation has several undeniable
advantages.
The inclusion of a mediation clause in a contractual agreement
promotes the increased effectiveness of the process, as the parties
thereby decide, in advance of any litigious dispute, to participate
in the process and how they will do so. It is moreover now common
practice to include a mediation clause in several types of
contracts in order to encourage the parties, in the event of a
disagreement, to consider this alternative.
