Can a Good Mediator also be a Good Arbitrator?
MetadataShow full item record
This Article considers whether a good mediator can also be a good arbitrator. It provides examples of domestic legislation which allow mediators to serve as arbitrators, even in the same dispute. The requirements of natural justice, which are integral to the arbitration process, are largely ineffective in mediation proceedings. It is argued that, because of the ineffectiveness of the application of the rules of natural justice in mediation proceedings, the roles of mediators and arbitrators are distinct and incompatible.
Showing items related by title, author, creator and subject.
Moens, Gabriël; Evans, Philip (2015)This book provides a comprehensive Australian perspective on the resolution of resources disputes. In particular, it focuses on the use of arbitration, mediation and adjudication in the resources sector. It concentrates ...
Evans, Philip (2009)The Commercial Arbitration Act 1985 (WA) provides a rapid and cost effective method for the resolution of commercial disputes. Although essentially adversarial, the flexibility of the process allows the procedures to be ...
Ribeiro, J.; Douglas, Michael (2015)The push for transparency in investor-State arbitration is gaining momentum. In July 2013 the United Nations Commission on International Trade Law (UNCITRAL) adopted the UNCITRAL Rules on Transparency in Treaty-based ...