Mediation - time to discuss the non-legal elements
Article from: TDM 1 (2004), in International Commercial Arbitration
I agree with most of what you say, and admire your courage in saying it. I believe that many people share your thoughts but perhaps have not been willing to vocalise them. I think you make the important clarification regarding the role and nature of arbitration. To many people, 'arbitration' is still regarded as a form of alternative dispute resolution (ie alternative to litigation). Your characterisation of it as 'arbitral litigation' I think brings the point home: arbitration is closer to litigation than to any other form of dispute resolution. (In another of your notes, ...