Combining Mediation and Arbitration: Procedural Safeguards
Med-arb and judicial mediation share the appeal of providing disputing parties with the opportunity to come to their own agreement, while guaranteeing a decision if they cannot. There also can be great appeal, in terms of efficiency, in using the same person as both the mediator/settlement facilitator and the arbitrator/adjudicator. However, there is danger that using the same person will corrupt both the mediation and arbitration/adjudication phases. In particular, there are concerns regarding the potential for bias, denial of due process, and even coercion. This talk will discuss ethical and procedural safeguards currently in place in the courts of the U.S. and elsewhere to address these concerns, as well as proposals for structural and procedural reform and regularized feedback and monitoring. The talk will then consider the application of these safeguards and proposals to arbitration.
For more information and to register, please contact the Business Development Team of AIAC,
Phone: +603 2271 1000
Email: events@aiac.world
ADMISSION IS FREE. LIMITED SEATS AVAILABLE.