Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly Hayes
Fordham University School of Law Professor Jacqueline M. Nolan-Haley has published, “Mediators in Arbitration,” Oxford Handbook of International Arbitration, Chapter 14, (Thomas Schultz and Federico Ortino Editors). Oxford University Press 2020, Forthcoming; Fordham Law Legal Studies Research Paper No. 3467670. In her book chapter, Professor Nolan-Haley examines the role of mediation in today’s transnational dispute system with a special focus on the convergence of arbitration and mediation.
Here is the abstract:
This Chapter focuses on mediation in practice and describes mediation’s role in contemporary transnational dispute system design. It acknowledges the general trend towards settlement facilitation in international arbitration and focuses on mediators giving shape and structure to that facilitation. It examines the mediation process, its advantages, commonalities with and differences from arbitration and the growth of transnational mediation practice. Reflection on the relationship between mediation and justice, equity and fairness, summons up several models of mediator behavior that seek to achieve justice. Special attention is paid to contemporary convergences with arbitration and mediation and the controversial mixture of arbitration and mediation — mediation processes that include aspects of mediation within arbitration and arbitration within mediation. Finally, it offers some cautionary considerations on blending mediation and arbitration and proposes several questions for reflection about the way forward.
An upfront confession— I have no idea what the future of mediation holds—and I don’t think anyone else does either. I still can’t believe Ronald Reagan was elected President (or...By Bernard Mayer