Mediation/ Binding arbitration

If the contract calls for mediation as remedy and if that fails then binding arbitration…Can the parties agree to waive the mediation and go straight to Binding Arbitration and sign something stating that fact ,if they both agree upfront that mediation is not going to work?

Yes, if the fact that you have to go to mediation prior to arbitration is just an item in a contract you two executed, then both of you can consent to waive the mediation requirement. You should draft up a consent to waive mediation agreement, sign it and notarize it. This wouldn’t apply for matters involving child custody, but it would otherwise.