In commercial litigation, arbitration clauses are not severable if the dispute's sole cause of action seeks to rescind the entire contract. The short answer is that you can get a court order if your counterparty refuses to willingly cooperate with the arbitration process.An arbitration agreement is a provision in a contract that stipulates that any disputes arising from the contract will be resolved through arbitration. Mediation agreements are enforceable. A mediated agreement allows you and the other person or party to reach flexible solutions to your dispute. Any contested civil action filed in a circuit or county court may be referred to non-binding arbitration. §44.103(2). This article advocates against the use of pre-dispute binding arbitration agreements as a condition precedent to receiving medical care.