Hybrids
1. What are "hybrids"?
Hybrids is a catch-all name for the ever-expanding menu of ADR choices where the neutral and the parties craft a custom process using elements of the more traditional ADR methods. Med-Arb is itself a hybrid, but has been in use enough to have a category of its own. The point is that there is no limit to the creativity that can be brought to designing a dispute resolution process. Indeed, informal modifications of arbitration and mediation themselves take place all the time. The object is to arrive at a process which is right for the particular dispute.
2. Can you give another example?
Certainly, some parties have chosen a process called Arb-Med. First, the parties have an arbitration hearing and the arbitrator deliberates, then makes and seals his/her award. After that, the parties enter mediation with the "arbitrator" and try to settle their differences informally. If they succeed, the neutral simply tears up the award. If not, then the award is unsealed and becomes the decision in the case.
3. Sounds expensive?
It is when compared to trying Mediation first. Some parties feel, however, that they (or the other side) might be more amenable to a reasonable settlement after hearing all the evidence (and, of course, being under "the gun" of the pre-existing sealed award).
4. Do you see any downside to this method?
The neutral might be tempted to "impose" a settlement in the mediation phase which is very similar to the terms of his/her award. In a true mediation, the mediator would not have any preconceptions about what the outcome should be. On the other hand, the neutral could be of more than normal help to the parties since he/she has heard all the evidence. |
