Topic: Mediation and Settlement Facilitation in the Course of Arbitration: Perspectives from the U.S., Asia and Latin America (Presented by UC Law SF and JCAA)
Should arbitrators facilitate settlement or even “switch hats” to mediate during the course of arbitration? In some legal traditions, these practices are to be expected; in others, they are considered anathema. But with the growing international acceptance of mediation, the mounting expense of international arbitration hearings, and recent innovations around “Arb-Med-Arb” by leading arbitration hubs the world over, efforts to combine consensual and adjudicative processes are arguably on the rise. In this panel, seasoned neutrals, advocates, and scholars will consider best practices, cultural expectations, and legal frameworks associated with a wide array of interventions that arbitrators may make in order to promote settlement.
Presenting Organization: University of California College of Law and the Japan Commercial Arbitration Association
- Cecilia Flores Rueda
- Hiro Aragaki
- Miriam Pereira
- Ruth Glick
- Yan Zhang