The co-chairs of the IMI/CCA/Straus Mixed Mode Task Force presented the results of seven year collaboration efforts within a special side event of the 16th Annual Fordham Conference on International Arbitration and Mediation on Friday, November 19, 2021, as part of the New York Arbitration Week.
The Mixed Mode Task Force has prepared practical guidelines and best practices addressing seven different working areas and had in the process of finalizing its work product in August 2021 initiated a public consultation process. Topics addressed included:
- Can an experienced neutral be useful in designing the dispute resolution process after a dispute has arisen?
- Would greater use of non-binding evaluations be helpful in assisting the parties achieve an amicable resolution?
- Should arbitrators play a role in facilitating settlement and, if so, how? What is the latest thinking on med-arb?
- Is interaction between the arbitrator and the mediator permissible and, if so, how should the process be protected?
- Are there enforceability issues that must be considered?
Kathleen Paisley; Brussels, Belgium and New York, NY, USA
- Laura A. Kaster; Independent Arbitrator and Mediator; Princeton, NJ, USA
- Jeremy Lack; Independent Arbitrator and Mediator; Geneva, Switzerland
- Deborah Masucci; Independent Arbitrator and Mediator & Adjunct Professor of Law, Fordham Law School; Brooklyn, NY, USA
- Dilyara Nigmatullina; Postdoctoral Researcher in the field of ADR, University of Antwerp Faculty of Law & Accredited Mediator; Antwerp, Belgium
- Professor Thomas J. Stipanowich; William H. Webster Chair in Dispute Resolution, Straus Institute, Pepperdine Caruso School of Law & Independent Arbitrator; Malibu, CA, USA
- Edna R. Sussman; Independent Arbitrator and Mediator & ADR Practitioner-in-Residence, Fordham Law School; New York, NY, USA