this essay proposes that mediation may be fostered if three steps are taken: (1) agreeing to multi-tiered clauses; (2) respecting the obligation to mediate, understood as an obligation of means, not ends, which is discharged by pursuing a bona fide reasonable effort; and (3) that judges or arbitrators award legal costs and fees whence the mediation obligation understood thus is not observed. The author reports and comments on observations the proposal has thus far received. Key words: mediation, conciliation, arbitration.
Iurgium [previously Spain Arbitration Review]