Based on initial feedback from the Global Pound Conference, a Mixed Modes Task Force (the “Taskforce”) was set up by the College of Commercial Arbitrators (CCA), the International Mediation Institute (IMI) and the Straus Institute for Dispute Resolution, Pepperdine School of Law to examine possible new ways of combining mediation with arbitration. (More information).
One of the six working groups in this Taskforce is looking into interactions between mediators and arbitrators. The Taskforce is looking at all combined processes (such as med/arb) that run sequentially, in parallel or are integrated into one-another, and how and under what constraints the neutrals may communicate with one-another. This is an area that obviously raises many concerns, as the point is not to jeopardize any arbitration or other proceedings, but to explore what may be possible or advisable. In order to help this working group with its task, we are seeking any information and/or feedback to the following questions:
- What cases have you encountered where adjudicative neutrals (judges or arbitrators) interacted with non-adjudicative neutrals (e.g. mediators or conciliators)?
- What issues, if any, were faced by the neutrals/advocates in working together?
- What were the case outcomes?
Please submit your responses using this SurveyMonkey survey. Responses will be summarized and shared back to those people who express an interest via the survey.
Your responses would be greatly valued and appreciated. Thank you