We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
from Part IV - Conclusion
Published online by Cambridge University Press: 09 December 2021
Contributors to this book have discerned a welcome trend towards the greater use of multi-tier dispute resolution (MDR). But they have also identified the most problematic form of MDR as that where the same person acts initially as mediator and then, if mediation is unsuccessful, as arbitrator (‘med-arb’). Despite this, med-arb has significant advantages. It is likely to be cheaper than other modes of MDR and its mediation component enables parties to ventilate their genuine concerns and thereby tailor the resolution of their disputes to their real needs. This chapter considers ways of mitigating med-arb’s difficulties so that parties may fully reap its advantages. It discusses how to make med-arb agreements enforceable; how to balance the informality of mediation with the due process requirements of arbitration; and how to ensure that the outputs of med-arb, whether a mediated settlement agreement or an arbitral award, can be enforced.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
