An Examination of Institutional Arb-Med-Arb Protocols and Practices
John Siffert and Angela Zhu teamed up with independent arbitrator and mediator Peter Pettibone to explore the increasingly common practice of engaging in mediation during an arbitration, often referred to as “Arb-Med-Arb.” The resulting article, “An Examination of Institutional Arb-Med-Arb Protocols and Practices,” published in the American Arbitration Association’s flagship publication Dispute Resolution Journal will be of interest to any potential litigant (individual or corporate) seeking alternative dispute resolution, as well as the people and institutions who provide ADR services.
The authors describe how arbitral institutions across the globe have addressed Arb-Med-Arb procedures with varying degrees of formality, with the Singapore International Arbitration Centre and Singapore International Mediation Centre taking the lead in institutionalizing the process. Along with a survey of these varying procedures, the article discusses the growing success of Arb-Med-Arb, as well as factors to consider when choosing and implementing Arb-Med-Arb. Suggested best practices include engaging separate neutrals and central administration over both concurrent proceedings to foster the greatest chance of successful settlement while avoiding unnecessary delay. Readers will walk away with a better understanding of when Arb-Med-Arb may best suit their needs.
The article appears in Volume 76, Issue 1 (2022) of the Dispute Resolution Journal, an authoritative resource for advocates, neutrals, parties, educators, public policy leaders and corporate executives.