| Commentary

90 Med-arb

| Commentary

90 Med-arb

Med-arb describes an agreement which provides for an initial stage of mediation, switching automatically to arbitration at a specified point in order to resolve any outstanding issues by means of a binding determination1. It has been suggested that mediation should be encouraged as a part of all arbitration proceedings through a requirement that the arbitrator periodically checks whether any progress is being made towards settlement and whether either the arbitral tribunal or a neutral third party could assist the parties to that end.

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