Modern business practice requires various dispute resolution options in order to effectively manage conflicts incumbent in the global commercial arena. International dispute resolution practice has developed a variety of hybrid models facilitating the parties in finding the most appropriate dispute resolution model and process that would fit a dispute of every type, scope and complexity.
This paper examines to what extent the international arbitration instruments and best practices in drafting international commercial contracts, enable the disputing parties to take advantage of various “mixed-mode” process, primarily focused on the combination of arbitration and mediation.
“Consensuality” of mediation, and “finality” and “enforceability” of arbitration may present the most logical and appropriate choice for many disputants and conflicts, although there are other available combinations. Still, although this and other combinations aim to utilize “the best of both worlds”, they inevitably carry some of the ethical challenges and legal controversies immanent to their hybrid nature.
Full text available here: Med-Arb or Arb-Med? (PDF) – by Blazo Nedic, Attorney-at-Law and Mediator, December 2017