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What Happened: If there are any disputes under this lease, we’ll try to resolve them via mediation. If that doesn’t work, we’ll go to binding arbitration. Those were the essential terms of a commercial lease between a landlord and gas station owner. Sure enough, a dispute arose over the landlord’s failure to consent to the tenant’s assignment of the lease. But instead of going to mediation, the tenant started a lawsuit against the landlord. A few months later, mediation was tried and failed. All the while, the lawsuit continued.
