Check out the latest episode of The Arbitration Conversation where Amy Schmitz interviews Tom Stipanowich about mixed mode arbitration. One of Tom's quotes from the interview:
"...at its most basic all [mixed-mode arbitration] means is that you have in the course of resolving a dispute you move back and forth among lanes, which happens all the time. Marc Galanter talked about the concept of 'litigotiation' and the fact that in the course of litigating there are numerous opportunities to negotiate, and usually along the way one of those opportunities will result in a negotiated settlement."
Tom then talks about his idea of "arbigotiation" which keeps the door open to negotiated or mediated resolutions within an arbitration process.
A great discussion -- check it out below.