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 >
- Dispute Resolution Mules – Preventing the process from being part of the problem
Former IMI Director, Michael Leathes, outlines some hybrid forms of dispute resolution processes and why they should be considered. - Alan Limbury, one of the leading thinkers and doers in the mediation field, reviews hybrid processes in two articles:
- Hybrid Dispute Resolution Processes – Getting the Best while Avoiding theWorst of Both Worlds?
This article appeared in the Spring 2009 issue of the New York State Bar Association Dispute Resolution Journal and was presented at the 2009 Chartered
- Hybrid Dispute Resolution Processes – Getting the Best while Avoiding theWorst of Both Worlds?