Speaker: Véronique Fraser, Professor at the Faculty of Law of the University of Sherbrooke.
The concept according to which a mediator in a dispute becomes an arbitrator, or commonly referred to as “Med-Arb”, is probably one of the most controversial ones in the literature on private dispute avoidance and resolution mechanisms. Despite the criticisms surrounding the Med-Arb process, it is still used in practice for the resolution of certain international commercial disputes. Whereas its adepts propose that this practice reunites the best of mediation and arbitration within a single process, its detractors argue that rather, Med-Arb results in a distortion of both processes through this combination. Are the advantages of Med-Arb in terms of efficiency and effectiveness worth its potential ethical deviations? What should be the guidelines of conduct for the third party if this process is used? Can lawyers play a preventive role in the drafting of agreements and for advice to clients?