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Alternative Dispute Resolution Research

Information about researching common ADR methodologies, including arbitration, negotiation, mediation, and more.

Med-Arb/Arb-Med

Med-arb has features of both mediation and arbitration. The parties first try to resolve their disputes through mediation. If that does not resolve it, then the process switches to a binding arbitration.  For a more expansive introduction to med-arb, see this blog post from the HLS Program on Negotiation: "Med-arb": An Effective Tool for Resolving Disputes.

In arb-med, the process starts with an arbitration proceeding, after which a non-binding arbitration award is issued. Then, the parties work with a mediator to attempt to resolve their confict.

There are few books devoted exclusively to these topics.  However, the law library has some recent books that have some content on med-arb, such as ADR Principles and Practice (Brown and Marriott, 2011).

Articles

Below is a list of selected recent articles on this topic.

Med-Arb in non-U.S. Jurisdictions

There have been significant developments in med-arb in non-U.S. jurisdictions.  A selection of recent articles about these developments is provided below.