Combinations and Permutations: Creating a Solution-Driven Dispute Resolution Process

During this year’s edition of New York Arbitration Week, members of the IMI/CCA/Pepperdine Mixed Mode Taskforce delivered a panel as part of the Fordham Conference on International Arbitration, on creating a solution-driven dispute resolution process. The video is now available below.


  • Kathleen Paisley, Arbitrator, Ambos Lawyers, Brussels/New York
  • Edna Sussman, Independent arbitrator, Fordham Law School ADR Practitioner in Residence


  • Kun Fan, Associate Professor of University of New South Wales Law School, mediator, arbitrator
  • Jeremy Lack, Attorney-at-Law & ADR Neutral, Geneva, LAWTECH.CH
  • Moti Mironi, Professor of Law at Haifa University, mediator and arbitrator
  • Prof. Thomas Stipanowich, William H. Webster Chair in Dispute Resolution, Pepperdine; JAMS neutral

Questions discussed included:

  • What systems can parties put in place in advance to avoid disputes and to resolve them quickly if they do arise?
  • In what ways may neutrals help parties tailor better dispute resolution processes, such as mediation “setting the stage” for arbitration and vice versa?
  • Is it helpful for a mediator to stay in place during an arbitration so that s/he is available for further discussions? How can mediation windows be used effectively during an arbitration?
  • Should arbitrators be more deliberate about the potential impact of their procedural decisions on potential settlement and if so how should they manage the process?
  • In what ways, if any, might arbitrators and mediators appropriately communicate with each other on resolving a particular dispute?
  • Under what circumstances, if any, might it be appropriate for a mediator to become an arbitrator or an arbitrator to become a mediator, during the course of resolving a dispute?
  • What is the proper protocol for arbitrators or institutions to follow when parties ask them to convert a settlement agreement into an arbitration award?

Combinations and Permutations: Creating a Solution-Driven Dispute Resolution Process – NYAW 2020 – YouTube

Congratulations to the taskforce on an excellent panel!

Featured Image by Gavin Spear on Unsplash

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