2018 | Abril 10
Culture and legal tradition often determine what goals and values are associated with dispute resolution, and so influence process choices. Views of mixed-mode dispute resolution processes such as single-neutral Med-Arb, in which a mediator changes hats and becomes an arbitrator in the course of resolving a dispute, or Arb-Med, in which an arbitrator changes hats to become a mediator, are heavily influenced by culture and legal tradition.
The creative drive towards more appropriate and effective forms of dispute resolution is one element of larger cycles in which formalization and institutionalization ultimately stimulate a search for new and less formal alternatives. When it comes to dispute resolution, as the Chinese idiom says, “The moon waxes only to wane, and water surges only to overflow.”