Two-Tiered Dispute Resolution Clauses– Avoiding a Common Pitfall
© Sherby & Co., Advs.
© 2026 Sherby & Co. Advs. Twice in recent months, Israeli clients contacted us concerning disputes with American companies pursuant to contracts that provided for “two-tier” dispute resolution — namely, that the parties would attempt mediation and, only if mediation failed, would they refer the dispute to binding arbitration. In both cases, although the agreement