One of the main attractions of Mediation is how the process can be adapted to match the needs of its users – unlike many other forms of dispute resolution. One adaptation is to combine mediation with another process, such as arbitration. Several permutations are possible – Mediation followed by Arbitration (Med-Arb) is one possibility; Arbitration followed by Mediation (Arb-Med) is another, where the arbitral award is not announced to the parties unless the mediation step fails to produce a negotiated outcome. In both, the mediator and arbitrator can be the same neutral or different neutrals, and different considerations apply to each.

Learn about the activities of IMI’s Mixed Mode Taskforce >