International
Mediation-Arbitration
Recent Developments in International Med-Arb Rules Drive Change for
Settling Business Disputes.
A hybrid of mediation and arbitration, Med-Arb is a two-tiered
system aimed at bringing finality to legal disputes in a fair and
efficient manner.
JENNIFER GRIPPA
Miles Mediation & Arbitration
Services, LLC
[email protected]
One of the common complaints about commercial arbitrations these
days is that they can become nearly as lengthy and expensive as trial.
Zealous advocates and emotional clients can turn arbitration into
what has been coined “litigation lite.” ADR institutes around the
globe are creating frameworks for an alternative form of dispute
resolution for clients desiring a more efficient and speedier process,
Med-Arb.
16
February/March 2020
How Does It Work?
There are several approaches and it depends on which works best
for the particular dispute at hand. Med-Arb combines the benefits
of mediation and arbitration. The parties first attempt to settle their
conflict is through mediation, a voluntary process where a settlement
is mutually negotiated. If the parties cannot reach agreement, an
arbitrator makes the final decision. One option is to use the same
person as mediator and arbitrator. A second option is to hire two
different people, which may be somewhat more costly, but resolves
any concerns over the integrity of the arbitration process.
A third option is an opt-out model where the mediator and arbitrator