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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 should clearly understand the differences between the two.

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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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