Most of the literature concerning mixed mode and hybrid processes describe situations in which different neutrals – one serving as an arbitrator and another as a mediator – participate in the resolution of the case. These procedures can be employed concurrently or sequentially. This article is devoted to a different type of mixed mode or hybrid process, one in which a single neutral performs dual roles – as both an arbitrator and a mediator – in the same proceeding. (Reprinted by …
Archives for March 2026
Fixing ‘Unfixable’ Errors in Arbitration Awards
In the courts, when judges make mistakes, there are mechanisms for those mistakes to be corrected—motions for reconsideration and appeal. These are not available in arbitration. The ancient doctrine of functus officio removes the arbitrator’s power to act once the final award issues. (Reprinted with permission from the February 18, 2026 edition of the New York Law Journal ©2026 ALM Global Properties, LLC. All rights reserved. Further duplication without permission is …
Designing Business Disputes – How Shall We Fight?
Even when business people have no contractually prescribed method for working out their differences and seem headed for court, they can take a pause and design an approach, including mediation, a tailored form of arbitration, or a suitable hybrid. This can save them time, money, and a lot of aggravation, but it requires some intention and knowledge of the possibilities. This article describes some of those alternatives and gives examples of how disputing parties have implemented them to …