Summary

The insistent phone interrupted my thinking about the arbitral award. To my surprise the callers were the lawyers in the arbitration, which had just finished the day before. They were phoning with an unusual request: could I mediate the case? Put the award aside and mediate the case? They had plunged into the imaginative use of ADR. Med-arb is one thing, I thought. That's when the mediator turns himself or herself into an arbitrator after the mediation has failed. And even that is not without its ethical problems. For example, what do you do with all the confidential ...