Can mediation be pursued when a contract has a binding arbitration clause, and what happens to the arbitration option if mediation succeeds or fails?

Question

I’m in Ukraine and the contract I signed requires disputes be resolved by arbitration. I’d like to try mediation first to see if we can settle, but I’m worried about losing the right to arbitrate later or complicated enforcement. Could you explain how mediation interacts with an arbitration clause under Ukrainian dispute resolution law and who typically pays the costs?

WinnerLex · Accepted Answer

In common, arbitration clause has no restrictions for mediation or other ways of solving dispute before arbitration procedure. If mediation succeeded, you would have no need for arbitration. But to give you exact answer, we have to see your contract with arbitration clause.

Can mediation be pursued when a contract has a binding arbitration clause, and what happens to the arbitration option if mediation succeeds or fails?

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