A Contribution to the Conversation on Mixing the Modes of Mediation and Arbitration: Of Definitional Consistency and Process Structure

"A Contribution to the Conversation on Mixing the Modes of Mediation and Arbitration: Of Definitional Consistency and Process Structure" (TDM, ISSN 1875-4120) August 2018

15 Pages Posted: 30 Aug 2018 Last revised: 1 Jul 2019

See all articles by Eunice Chua

Eunice Chua

Singapore Management University

Date Written: August 1, 2018

Abstract

One of the trends that has been growing in importance in international commercial dispute resolution has been the combining and mixing of modes, particularly of mediation and arbitration. Surveys of users indicate that the reason for this growth has been the perception that mixing of non-adjudicative and adjudicative modes can help to achieve certain process goals, such as international enforceability, cost-effectiveness and relationship preservation. This article first suggests an approach towards articulating the myriad ways that mediation and arbitration may be combined, focusing on mediation followed by arbitration (med-arb), arbitration followed by mediation (arb-med), and opening mediation windows in the arbitration process (arb-med-arb). It then discusses which of these mixed mediation and arbitration processes best achieves the goals of international enforceability, cost-effectiveness and relationship preservation. It is hoped that this endeavour will contribute to a greater appreciation and understanding of how to best mix mediation and arbitration, whatever “best” may mean.

Keywords: international dispute resolution, med-arb, arb-med, arb-med-arb

Suggested Citation

Chua, Eunice, A Contribution to the Conversation on Mixing the Modes of Mediation and Arbitration: Of Definitional Consistency and Process Structure (August 1, 2018). "A Contribution to the Conversation on Mixing the Modes of Mediation and Arbitration: Of Definitional Consistency and Process Structure" (TDM, ISSN 1875-4120) August 2018, Available at SSRN: https://ssrn.com/abstract=3235429

Eunice Chua (Contact Author)

Singapore Management University ( email )

55 Armenian Street
Singapore, 179943
Singapore

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