Mediation, Arbitration and “Mixed Modes”: Whether, When, and How?
In international commercial dispute resolution there has been a groundswell of interest in employing ADR processes—particularly mediation & arbitration—in various formats. A number of arbitral institutions support the use of stepped or tiered dispute resolution arrangements, or resort to mediation during arbitration. In some legal traditions (like China, Japan, Germany), it is expected that arbitrators may shift to the role of mediator (or at least engage directly with the parties in settlement discussions) in the course of resolving a dispute. In other places, combined roles like single-neutral “arb-med” or “med-arb” are widely disfavored. Despite this, many arbitrators and mediators have experience “switching hats”, providing parties with a hybrid dispute resolution process.
This webinar introduces advocates to ‘best practices' in med-arb and arb-med. Topics include:
-Forms of interplay between arbitration and mediation.
-How to draft tiered ADR clauses providing mediation followed by arbitration or mediation during arbitration.
-Whether and how to combine arbitration & mediation mid-way through a proceeding, including whether to do so using the same neutral.
-New practice guidance for med-arb or arb-med-arb, such as the JAMS Stipulation for Mediation Followed by Arbitration, the SIAC-SIMC Arb-Med-Arb Protocol, and the Practice Guidelines of the IMI International Task Force on Mixed Mode Dispute Resolution.
-Considerations on enforcement of mediated settlement agreements as consent arbitration awards under Section 30 of the Arbitration & Conciliation Act 1996.
Manuj Bhardwaj, Intl. Lawyer & Executive Secretary, INALP, New Delhi
Prachi Mehta, Mediator & Founder, TAG ADR Group – New Delhi
Hiro Aragaki, FCIarb, Intl. Arbitrator & Mediator, JAMS – London
Moazzam Khan, Head of Global Litigation, Nishith Desai Associates – New Delhi
Chitra Narayan, Independent Mediator – Chennai
Thomas J. Stipanowich, intl. Arbitrator & Mediator, JAMS - Los Angeles