Make love not war: well, not quite, but the sentiment isn't far off in an article written by well-known and highly experienced maritime lawyer, mediator and arbitrator, Jonathan Lux, which is well worth a read.
In this article, Jonathan argues that mediation can, should and indeed must play a greater role in ongoing arbitration proceedings, which is still the destination of the vast majority of maritime disputes.
It is the key advantages of preserving relationships and avoiding unnecessary delay and cost which have led the Courts to incentivise the parties to give mediation a try. However, many commercial contracts stipulate arbitration which can be every bit as slow and expensive as court proceedings.
Jonathan reasons that it would be unfortunate if arbitrators were powerless to encourage disputing parties to mediate when the interests of justice so require – for example, when the costs of the arbitration risk becoming disproportionate to the amounts in dispute.
This article examines these important issues and sets out some key conclusions. We’d encourage you to give it a read!
> ARTICLE: London Leading? A Mediator's View on Mediation in Arbitration – Jonathan Lux
