In October 2022, the Law Council of Australia has produced this commentary, drawing upon existing domestic and international literature, legislation and guidance, to assist legal practitioners in utilising the hybrid process of mediation-arbitration (med-arb).
Med-arb is a flexible yet complex dispute resolution process which does not fit all cases or circumstances. The aim of this resource is therefore to provide guidance to the legal profession in identifying the advantages, risks and challenges of med-arb by:
- defining the term ‘med-arb’ and other key concepts;
- describing the process of med-arb as a method of hybrid dispute resolution;
- comparing the utilisation of med-arb internationally and domestically;
- considering the relevance of the development of med-arb to Australian practitioners; and
- identifying the key competencies and ethical considerations for those who wish to conduct med-arb.
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