Mediators in Arbitration
Oxford Handbook of International Arbitration, Chapter 14, (Thomas Schultz and Federico Ortino Editors). Oxford University Press 2020, Forthcoming.
28 Pages Posted: 11 Oct 2019
Date Written: October 10, 2019
This Chapter focuses on mediation in practice and describes mediation’s role in contemporary transnational dispute system design. It acknowledges the general trend towards settlement facilitation in international arbitration and focuses on mediators giving shape and structure to that facilitation. It examines the mediation process, its advantages, commonalities with and differences from arbitration and the growth of transnational mediation practice. Reflection on the relationship between mediation and justice, equity and fairness, summons up several models of mediator behavior that seek to achieve justice. Special attention is paid to contemporary convergences with arbitration and mediation and the controversial mixture of arbitration and mediation — mediation processes that include aspects of mediation within arbitration and arbitration within mediation. Finally, it offers some cautionary considerations on blending mediation and arbitration and proposes several questions for reflection about the way forward.
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