By Renee Gerstman Congratulations! The mediation was successful and the parties executed a term sheetsetting forth the substantive terms to be included in a formal definitive agreement. The parties,intending the term sheet to be binding despite lack of executed final settlement documents,1include a sentence providing that the mediator will resolve any disputes regarding the mediatedterm sheet. In the process of finalizing the settlement agreement a dispute arises, and the mediator isasked …
Arb-Med
Single-Neutral Dual-Role Processes – Workable or Worrisome Redux
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 …
Arbitration as a Settlement tool after Impasse in Mediation
Can a hand-tailored ad hoc arbitration be used to resolve an impasse in mediation? Mediations is often successful in clarifying and resolving some of the disagreements between the parties, but after 90% of the work is done, an impasse may arise that threatens to derail the prospects of settlement. Mediators have shared many ideas about how to overcome such impasses, however, less frequently considered is the use of an arbitration to resolve the limited issues that are preventing …
