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International Construction Law Review

MED-ARB IN THE CATBIRD SEAT OF ADR

ANNE MAGDALINE NETTO

Department of Building, National University of Singapore

TERESA EE HUEI PING1

Arbitrator

AND

ALICE CHRISTUDASON

Department of Real Estate, National University of Singapore

I. INTRODUCTION

Arbitration and mediation are distinct dispute resolution processes with their own strengths. However, their respective limitations have led to a search for a more efficient and effective method of dispute resolution. This has produced a hybrid version known as “Med-Arb”. “Med-Arb” may be described as an alternative dispute resolution process where parties agree to resolve their dispute through arbitration and mediation either concurrently or in parallel proceedings by the same or separate neutral as the arbitrator and mediator. This process has been embraced by Singapore and several other countries and international institutions.2
This paper first considers the predominant advantages of both mediation and arbitration as distinct dispute resolution processes. It then examines the problems which may arise when the two processes are combined . These include issues such as whether there should be single or separate appointments in the Med-Arb process, and the enforceability of mediation settlements as arbitral awards.


[2003
The International Construction Law Review

518

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