WHY THE DRAFTSMAN MUST TAKE PARTICULAR CARE WHEN DRAFTING THE PARTIES' COMMITMENT TO REFER THEIR DISPUTES TO MEDIATION: AN APPRAISAL OF ENGLISH CASE LAW'S.

Abstract

The paper sought to consider why mediation as an Alternative Dispute Resolution
Mechanism is employed
between business parties. Why it is imperative for the
draftsman to capture the intention of parties to use mediation while drafting the
parties' commitment to the contract. We shall be using English case law's,
requirements, and recommended approach, when exploring or looking at the parties’
position and multiple interests as considered before, at the outset, during, or the end
of mediation, as the importance of having the Agreement in writing cannot be
over emphasised, as the powers exercised by the Mediators are generally subject to
the wordings of the Arbitration Agreement.