Reflections on Arbitral Assumptions.

Built-In Mediation Pauses A topic often discussed is whether the tribunal should ever suggest that the parties attempt a mediation. However, the same counsel will object to any request from the other side while referring to the tribunal's procedural orders and relevant procedural rules-as if the arbitration proceedings were court proceedings and subject to statutory rules of court. If either party refuses to engage in mediation, the tribunal should not be told which party refused, only that a mediation has not taken place. Mother unfortunate feature of arbitration today is the way in which so much criticism is heaped on the arbitrators, the institutions, the judges dealing with arbitration, and sometimes even arbitration counsel themselves. [Extracted from the article]

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