The Guaranteed Resolution on Effective and Adapted Terms (the Great Process): A New Hybrid Dispute Resolution Process for Guaranteeing a Solution and Resolving Disputes Efficiently

Authors

Claude Amar, Mediation & Resolution
Vironique Fraser, University of Sherbrooke, Faculty of Law
Cecile Maitre-Ferri

Abstract

Over the past twenty years, innovative dispute resolution processes have emerged from practitioners who aimed to tailor them to the parties' process needs. Some of the most widely known processes include med-arb, arb-med, co-mediation with an evaluative and a non-evaluative mediator, baseball arbitration, last offer arbitration, and sealed-arbitration. The list and possible combinations are infinite, when one starts combining processes. However, such spontaneity and adaptivity sometimes result in harmful consequences. In the past, arbitral awards in numerous jurisdictions were refused to be honored on the basis that the process had infringed on fundamental procedural guarantees. For that reason, it is preferable that new processes be designed and analyzed beforehand, in order to ensure that they account for procedural guarantees.

Keywords

Comparative and Foreign Law, Dispute Resolution, International Trade and the Law, Arbitration

Disciplines

Comparative and Foreign Law | Dispute Resolution and Arbitration | International Trade Law | Law

Recommended Citation

Claude Amar, Vironique Fraser & Cecile Maitre-Ferri, The Guaranteed Resolution on Effective and Adapted Terms (the Great Process): A New Hybrid Dispute Resolution Process for Guaranteeing a Solution and Resolving Disputes Efficiently, 23 Cardozo J. Conflict Resol. 333 (2022).
Available at: https://larc.cardozo.yu.edu/cjcr/vol23/iss2/3