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.
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Compelling Mediation in the Context of Med-Arb Agreements (D. McLean and S. Wilson (2008))Discusses the impact of a decision by the United States 11th Circuit Court of Appeals, "Advanced Bodycare v. Thiom," on the med-arb process.
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Hybrid Efficiency in Arbitration: Waiving Potential Conflicts for Dual Role Arbitrators in Med-Arb and Arb-Med Proceedings (J. Rosoff (2009))Examines challenging a dual role arbitrator for his/her conduct during the arbitration or mediation proceedings.
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Developing an Effective Med-Arb/Arb-Med Process (Edna Sussman (2009))This article cites several U.S. court cases that discuss med-arb.
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Keeping a Secret from Yourself: Confidentiality When the Same Neutral Serves Both as Mediator and Arbitrator in the Same Case (K.M. Blankley (2011))This article discusses issues surrounding confidentiality of communications during a mediation when a med-arb switches to arbitration.
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Med-Arb and its Variants: Ethical Issues for Parties and Neutrals (Richard Fullerton (2010))Explores ethical issues of mediation and arbitration processes that challenge the integrity of each process.
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Med-Arb and the Legalization of Alternative Dispute ResolutionB. Pappas, Harvard Negotiation Law Review, 2015.
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Reflections on Culture in Med-Arb (Tai-Heng Cheng, New York Law School (2010))Challenges preconceptions about the role that culture may play in the success or failure of med-arb in international commercial arbitration.
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Spring 2013 issue of the ABA Dispute Resolution Magazine: Med-ArbSpecial issue focusing on med-arb.
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.
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Designing Effective Med-Arb and Arb-Med Processes in Brazil (P.C. Braga (2009))This article discusses the use of med-arb and arb-med in Brazil.
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Reflections on Go Haiyan - of "Arb-Med," "Waivers," and Cultural Contextualism of Public Policy Arguments (F. Yeoh and D. Ang (2012))Explores the use of arb-med in cases in China and Hong Kong.
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Some Limits to Apply Chinese Med-Arb Internationally (T. Cheng (2009))This article discusses reflections on med-arb and arb-med from jurisdictions around the world.