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Mediation During Arbitration? Yes, no, and Maybe

Three arbitrators discuss whether and under what circumstances an arbitrator should undertake to mediate a dispute, the ground rules and pitfalls.

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The roles and duties of the arbitrator and the mediator are different in fundamental respects. The challenges of undertaking the two are presented, as is the recommendation that the parties…

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The author describes the need for arbitrators to be open, respectful, and authentic, in appearance as well as in fact, in order to avoid the appearance of favoritism or prejudgment

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