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Synergy in the Combined Use of Mediation and Arbitration
Efficient and effective use of resources is critical to every businessÂ’ success in todayÂ’s hyper-competitive world. This includes dispute resolution. Despite the most comprehensive of contractual agreements disputes will occur. One partyÂ’s needs may change. There may be misunderstandings on how something is interpreted. A party may simply not wish to live up to their contractual agreement. No matter what the reasoning, disputes do occur.
Historically, there were two types of methods for dispute resolution – mediation and arbitration. However, today, just as organizations have sought to hybridize business strategies to maximize their advantages, dispute resolution has been hybridized as well. In this paper, the advantages and disadvantages of both mediation and arbitration will be discussed as well as how the mediation-arbitration (med-arb) hybrid utilizes the best aspects of both to come up with the a synergistic method.
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