Mediation Clauses: Enforceability and Impact
(2019) 31 SAcLJ 598
Mediation can only begin and continue on the basis of the parties’ voluntary participation. Therefore, it is important to have clarity regarding the parties’ desire to submit their dispute to mediation. This article adopts an international comparative perspective in analysing the issues that arise when parties dispute the validity and effect of their mediation clause. Mediation clauses give rise to three clear points for discussion: When are these agreements binding on the parties; to what extent should these agreements be enforced; and how should breaches of these agreements be remedied?