In commercial litigation, arbitration clauses are not severable if the dispute's sole cause of action seeks to rescind the entire contract. An arbitration agreement is a provision in a contract that stipulates that any disputes arising from the contract will be resolved through arbitration.Attacking the validity of a contract does not remove a party from the scope of an arbitration provision contained therein. Mediation agreements are enforceable. A mediated agreement allows you and the other person or party to reach flexible solutions to your dispute. A mandatory arbitration clause in a partnership agreement is generally enforceable, but there are some exceptions. Below is a sample arbitration provision from the American Arbitration Association (AAA):. 4th DCA 2006), the trial judge referred all issues pending in the dispute to nonbinding arbitration. The arbitrator will not have the power to add to, modify or change any of the provisions of this Agreement, or to make mistakes of law.