In the above examples, if the parties
wanted arbitration of disputes to be permissive and non-mandatory, they could have clarified their contract by including more explicit language (i.e., «any and all disputes, upon mutual agreement, may be arbitrated» or «with the consent of the other party, either party may commence arbitration»).
Not exact matches
The companies should specify which
disputes they
want to arbitrate, structure the
arbitration schedule according to the type and importance
of the case, clarify the arbitrator's powers, and make sure the
arbitration agreement is enforceable.
While privacy and confidentiality are a real benefit
of arbitration in
disputes between businesses which may not
want to «air their dirty laundry,» that may not be appropriate for consumer
disputes.
If you
want to avoid the «divorce from hell», Alternative
Dispute Resolution (ADR) methods, such as
arbitration, mediation, and Collaborative Divorce, have become popular means
of settling divorce in a cooperative environment with reduced stress and expense.