Maadhyam, International Council for Conflict Resolution sponsored the session on "Mediation – Arbitration – How do the Hybrids Fare?" at the 36th LAWASIA Conference held at Bengaluru, India from 24th to 27th November, 2023.
The panel comprised of experts from different countries-India, Singapore, Japan, South Korea, Hongkong and China.
Mr. J.P.Sengh President Elect of Maadhyam was part of the esteemed Panel which deliberated upon the benefits of the hybrid models of Mediation and Arbitration in the alternate dispute resolution process viz. Med-Arb, Arb- Med and Arb- Med- Arb. The speakers narrowed down three key advantages of the Med-Arb model: Finality, Efficiency, and Flexibility.
The Panel strongly noted the concern of the core value of confidentiality in the hybrid model of Arb- Med-Arb. The speakers concluded that the Med-Arb hybrid form of ADR is best suited in disputes where the parties aim to preserve an ongoing relationship.
From an Indian perspective, it was highlighted that the Mediation Act, 2023 encourages and promotes the hybrid process.