If a Dutch contract requires binding arbitration, can we still mediate first without losing enforceability?

Hi There,

Unlikely. Arbitration is used as a replacement of regular court proceedings. I would say it is highly encouraged that parties first try to solve it themselves (For example) through mediation.

I can of course not judge without having seen the agreement itself, so read it well and should you agree to mediation make it explicitly known (+ ask confirmation) to the other party that it is non binding and that if it doesn't work out the arbitration clause is still in force.

Good luck in any case!

AdvoPro.

Yes, it is possible to mediate first without losing enforceability of the arbitration clause. The arbitration clause in the agreement provides a framework for what applies if you are unable to reach an agreement together. However, if you are able to resolve the matter amicably, there is no need to invoke the arbitration clause. The arbitration clause therefore does not lapse.