Abstract
Some things are beyond the reach of practical and economic human endeavour. Some are on the fringe. Resolving commercial disputes gets closer to the fringe as the factual complication increases. Yet disputes of great factual complication are nearly always of the utmost importance for those involved and the need to have a workable means of resolving complicated disputes is obvious. Experience suggests that there is no middle way between sensible commercial compromise and protracted and quite uneconomic trench warfare. People often think that some ill-defined form of ‘arbitration’ exists which can magically cut the knot of commercial unreason without the toil and expense of minute factual dissection. It does not exist. Mediation and allied processes are to be encouraged on all possible occasions, but mediation will not often convert unreason into reason and cannot readily provide a swift judicial determination of complicated facts. If people are disposed to agree, they...
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