Abstract
Mediation followed by arbitration is an alternate dispute resolution (ADR) method favoured by some US practitioners. Is it an idea whose time will come in Europe, or rather a peculiarly US institution? There has been increasing interest recently in Alternative Dispute Resolution (ADR) methods.1 Many of these methods owe their recent visibility and popularity to their apparently successful use in the US. Some methods even appear to have been invented, or at least perfected, in the US quite recently. One particular method that raises some controversy in Europe is MED-ARB, the practice of starting to resolve a dispute by a mediation process, and then switching to an arbitration process if the mediation fails. In some cases the mediator becomes the arbitrator; some practitioners view this version of MED-ARB with suspicion, for reasons that will be explored later. Is MED-ARB an accurate and inexpensive way of resolving conflicts, and therefore...
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