Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Will The Next Generation Of Dispute Resolution Clause Drafting Include Model Arb-Med Clauses?

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

We are aware that many pre-dispute resolution clauses are drafted under less than ideal circumstances in terms of time, access to business representatives, etc. There is a small body of case law that addresses some issues dealing with parties' agreement to use mediation after the commencement of an arbitration that can provide guidance when faced with a request to draft an arb-med clause. As a general matter, the cases stress the importance of informed consent on the part of the parties agreeing to use an arb-med process. There is a variety of possible combinations when parties decide to use both mediation and arbitration to resolve a dispute. The classic combination is a multistep process - a mediation phase followed by arbitration - a process referred to as "med-arb". The process arb-med is different in that some portion of arbitration phase technically begins before the mediation. This chapter provides a few guidelines for the draftsperson.

Keywords: arb-med clause; arbitration; dispute resolution clause; drafting; med-arb; mediation



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation