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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Commercial law
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Mediation and Commercial Contract Law - Towards a Comprehensive Legal Framework (Hardcover)
Loot Price: R3,974
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Mediation and Commercial Contract Law - Towards a Comprehensive Legal Framework (Hardcover)
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There is an urgent need to better understand the legal issues
pertaining to alternative dispute resolution (ADR), particularly in
relation to mediation clauses. Despite the promotion of mediation
by dispute resolution providers, policy makers, and judges, use of
mediation remains low. In particular, problems arise when parties
lack certainty regarding the legal effect of a mediation clause,
and the potential uncertainty regarding the binding nature of
agreements to pursue mediation is problematic and threatens the
growth of ADR. This book closely examines the importance and
complexity of mediation clauses in commercial contracts to remedy
this persistent uncertainty. Using comparative law methods and
detailed empirical research, it explores the creation of a
comprehensive framework for the mediation clause. Providing
valuable insight into the process of ADR and mediation, this book
will be of interest to academics, law makers, law students,
in-house council, lawyers, as well as parties interesting in
drafting enforceable mediation clauses.
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