On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Arbitration/Mediation on Apr 1, 2016.
Many contracts provide that before a party can arbitrate or litigate a dispute, a mediation must occur. Often a party will choose not to submit a dispute to mediation believing that a mediation will not resolve the dispute. Many parties proceed directly to arbitration or litigation, dismissive of the contract language requiring mediation.