In this short podcast Professional Support Consultants Hannah Ambrose and Vanessa Naish look at how Arbitration and Alternative Dispute Resolution (ADR) can work together. The podcast considers how parties can agree to an ADR process in addition to or alongside arbitration (looking at approaches in different jurisdictions and under different arbitral institutional rules), before turning to the complexities of drafting escalation clauses in contracts. Finally it looks at how a successful settlement should be formalised to be most effective and enforceable.
For more on this topic, see our guide 'Use of mediation in arbitration', from our popular series of ADR Practical Guides. (The full set of ADR Practical Guides can be accessed here - including a business-friendly introduction to mediation and guides to preparing for a mediation).
For further information, please contact Hannah Ambrose, Vanessa Naish or your usual Herbert Smith Freehills contact.
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The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.