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Some Limits to Apply Chinese Med-Arb Internationally
SSRN Electronic Journal, 2010Recently combined arbitration and mediation processes have been gaining in appeal as parties seek to resolve disputes more expeditiously and at reduced costs. Issues relating to confidentiality, procedural due process and the effectiveness of the mediation step in such a hybrid process have been the subject of several law review articles.
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Med‐Arb Agreements since Thione: A Practice Update
Alternatives to the High Cost of Litigation, 2015In 2008, we published an article exploring the potential for federal courts to conclude that mediation and arbitration, or med‐arb, agreements did not qualify as “arbitration” under the Federal Arbitration Act. 9 U.S.C. § 2 (2011). See David J. McLean & Sean‐Patrick Wilson, “Compelling Mediation in the Context Med‐Arb Agreements,” 63 Dispute ...
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Back to med‐arb: Survey indicates process concerns are decreasing
Alternatives to the High Cost of Litigation, 2008AbstractGerald F. Phillips, of Los Angeles, polled dozens of leading arbitrators and mediators in an attempt to gauge the profession's current comfort level with med‐arb. In this month's cover story at right–Part I of II–he analyzes how providers view the occasional use of the mediator for an arbitration to finalize agreement terms.
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Understanding the Arb- Med- Arb Model in International Commercial Arbitration
SSRN Electronic Journal, 2018In November 2014, the SIAC and the SIMC put forth the hybrid proceedings called “Arb-Med-Arb”, i.e. Arbitration-Mediation-Arbitration (AMA). In this paper, I mainly plan to look into this new approach to settling disputes and see what benefits AMA could have for the parties.
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Med-Arb and the Legalization of Alternative Dispute Resolution
2015Article published in the Harv. Negot. Law Review.
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It's more than just ‘med arb’: The case for ‘transitional arbitration’
Alternatives to the High Cost of Litigation, 2005Converting to mediation from arbitration gives most people the willies, even when it's not a new experience. Gerald F. Phillips, of Los Angeles, describes how he embraces his mediator's role in “transitional arbitration,” and how combined processes can work.
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A Snapshot of National Legislation on Same Neutral Med-Arb and Arb- Med Around the Globe
SSRN Electronic Journal, 2020This draft paper provides a broad overview of how jurisdictions around the world have attempted to address situations in which the same neutral serves as both the arbitrator and the mediator in the same dispute. It begins by surveying how the principal model laws and legislative precedents on mediation and arbitration regulate same neutral med-arb and ...
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Economic Analysis of Hybrid Mechanisms: Arb-Med and Med-Arb as Arbitral Innovations
SSRN Electronic Journal, 2019Hybrid mechanisms combining arbitration and mediation emerged as popular forms of dispute resolution in the last two decades. This paper distinguishes Arb-Med and Med-Arb, two simple hybrid mechanisms, by focusing on their distinct choice environments in the two stages of arbitration and mediation.
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Med-arb and arb-med procedures in conflicts among professionals in agriculture
2015Disputes among professionals in agronomy are generally caused by failure in performing a contract, most often the result of unclear formulations or of some flaws in drafting a contract. These arise from a failure to observe objective law, the non-satisfaction of subjective law and a failure to perform one's obligations.
Alecu, Ioan Niculae +3 more
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