Arbitration and Mediation of Commercial Lease Disputes
Dec 10, 2013 | Article
Written by Wolfgang Kaufmann and Brian Parker
(16th Commercial Real Estate Leases 2013)
Commercial leases often involve long-term relationships. It seems almost inevitable that disagreements will arise. In the worst case, the disagreement ends up in litigation which can be time consuming, expensive, uncertain, and disruptive. Arbitration and mediation are alternative methods for resolving disputes. By providing the parties with more control over the dispute resolution process, arbitration and mediation can be quicker, less costly, and less disruptive than litigation.
This paper will examine mediation and arbitration in the context of a commercial lease. We will start by considering some of the pros and cons of the two processes. We will look at points to consider when drafting arbitration clauses and examine the arbitration process. Finally, we will consider the enforceability of mandatory mediation clauses and discuss selecting a mediator and arbitrator.
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