Views from the field – Mediation in arbitration

Mediation and arbitration share a common goal – resolving a dispute – but their paths to this goal differ. The difference in approach makes mediation a valuable add-on to arbitration proceedings: mediation offers parties the chance to reach a compromise, with arbitration providing a safety net of a binding decision if an agreement cannot be reached. 

For in-house counsel navigating dispute resolution options, two key considerations should be kept in mind:

• given the potential cost savings if a matter settles, it is usually worth considering mediation when an arbitration is on the horizon or underway; and
• the distinct nature of arbitration and mediation processes requires different mindsets and skillsets from parties and their advisers for successful outcomes. 

In this practical toolkit, our experts share their experience-based insights on how to set up for success when mediating disputes in the context of an arbitration.  The toolkit provides guidance on which disputes to mediate, when to mediate, and best practices for when the mediation process is underway.