Abstract
In international commerce, parties regularly include dispute resolution clauses into their contracts to make provision for future conflicts. Before being allowed to bring a claim in the respective state court or file a request for arbitration, the dispute resolution clause may require the parties to resort to structured negotiations or mediation. Only after such an attempt amicably to resolve the dispute has been made may they proceed to a final and binding decision by a court or an arbitral tribunal. As mediation is on its way to establish itself in the European landscape,1 parties – as a reaction to the institutionalisation of
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