Med-Arb: If the Parties Agree
Article from: TDM 1 (2017), in CILS - Biennial Symposium on International Arbitration and Dispute Resolution
Abstract
This paper discusses the importance of a clear, detailed med-arb agreement (a process in which the same neutral acts as both mediator and arbitrator in a dispute), issues to be considered, and approaches to minimizing the impact of these challenges. It is concluded that a clearly articulated and detailed med-arb agreement is important to ensure that there is a mutual understanding, to inform the process and to minimize any adverse impact of potential issues.