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?
Congratulations to the taskforce on an excellent panel!