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The Enforceability of Alternative Dispute Resolution Agreements – Emerging Problems and Issues

Keith Han & Nicholas Poon

(2013) 25 SAcLJ 455

Abstract:
The popularity of alternative dispute resolution (“ADR”) is undoubtedly on the rise. Foremost of these mechanisms, negotiation and mediation, are increasingly resorted to as the first step to resolving disputes. In the realm of alternative dispute solutions, although the law on agreements to negotiate and mediate is developing rapidly, it is still in its infancy stage relative to the more substantial body of law that governs arbitrations. This paper thus seeks to highlight the emerging issues surrounding the enforceability of agreements to resolve disputes through amicable ADR processes.