Introduction

The buzz is all about whether arbitration has become too much like litigation. Regardless of whether this query is based in reality for the vast majority of arbitrations and regardless of whether it is the arbitrators or the lawyers/clients that are the cause of some arbitrations having taken on a litigation-like process, there is no question that mediation is on the rise. As parties search for a more expeditious and less costly means for resolving their disputes, attention is increasingly being paid to hybrid processes - to combinations and permutations of arbitration and ...