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Hybrids and Inadmissibility

Thursday, 5th August 2016

"Combining arbitration and mediation with the same neutral

The practice of combining mediation and arbitration by the same neutral has been traced back to ancient Greece and Ptolemaic Egypt.

Facilitative (as distinct from evaluative) mediation uncovers the underlying interests of the disputants and allows them to craft their own solution. Arbitration determines the legal issues but may leave those interests unaddressed. Combining the two processes can bring a definite end to the dispute, save time and money, achieve creative solutions, and preserve or restore relationships.

Legislation in Australia, Hong Kong and Singapore allows arbitrators to mediate in the same dispute (including by holding separate private sessions with the parties) and, if the mediation is unsuccessful, to resume the arbitration. The legislative framework involves the following:"

Select the link to read this article in full. 

Language: English
Contact: Alan L Limbury

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