Consensus Arbitration: Benefits and Application in Modern International Arbitration and Family Law

Abstract

This chapter points to existing applications of consensus arbitration. It presents the clear benefits of consensus arbitrator over standard arbitration, and provides structural analysis of how consensus arbitration fits into modern international arbitration. While research into American sources on arbitration indicates that the proposed consensus arbitration process is not now in practice, this approach may be alive and well in international arbitration. An area of practice that exhibits tendencies toward consensus arbitration is family law. Issues in family law are highly personal to the parties and-past the protection and best interest of the children-do not particularly concern the state. Unlike criminal and civil cases, family law cases are multifaceted and obscure. The chapter highlights that mediators historically exercised influence over the parties and then, by imitating judges, became detached neutrals. Keywords:consensus arbitration; family law; international arbitration