THE MEDIATION CLAUSE IN COMMERCIAL CONTRACTS - OPTIONS FOR INCLUSION, CONSEQUENCES

Albena Penova ()
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Albena Penova: NGO "Bulgarian Association for Mediation"

THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY, 2022, vol. 5, issue 1, 232-244

Abstract: The mediation clause is non-binding, unlike the arbitration clause, and is only enforceable upon agreement of the parties. An analysis of the mediation clause is made, considering the prerequisites for its application and the possible consequences of its inclusion in commercial contracts, including in view of the already made proposals for legislative changes. On this basis, some proposals are made for new legislative changes that may increase the field of application of mediation in commercial relations.

Keywords: Mediation; Mediation clause; Commercial contract; Legal consequences; Regulatory requirements (search for similar items in EconPapers)
JEL-codes: K00 (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:vra:lbcs20:y:2022:i:1:p:232-244

DOI: 10.36997/LBCS2022.22

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