The past 50 years have seen an incredible increase in the use of arbitration as a preferred method for the resolution of disputes. As a result, articles, books, and legal opinions have emphasized the need to carefully draft mandatory arbitration provisions and the care that must be taken to assure that such provisions are not waived.

To a lesser but nonetheless increasing degree has been the requirement of mandatory mediation as a prerequisite to any final decision-making process, be it arbitration or court litigation.

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