Professor Tom Stipanowich’s Work Featured in New York Dispute Resolution Lawyer Magazine
Professor Tom Stipanowich co-authored an article, "'Switching Hats': Developing International Practice Guidance for Single Neutral Med-Arb, Arb-Med, and Arb-Med-Arb," with Mordehai Mironi, as part of a series of articles on mixed mode dispute resolution in the New York Dispute Resolution Lawyer magazine.
Professor Stipanowich serves on the Mixed Mode Task Force, a joint effort by the College of Commercial Arbitrators, the International Mediation Institute, and the Straus Institute. The term "mixed mode" refers to combinations of different ADR processes that may be utilized to resolve complex disputes. The Task Force was set up in April 2016 to generate discussion, dialogue, and deliberation on how mixed modes may be used--in public, private, international, and domestic domains--to reach resolution.
An excerpt from the article is below:
"Suppose you are the sole arbitrator in a commercial dispute. While hearings are in progress counsel for the parties come to you and explain that circumstances have changed and both parties need a quick and informal resolution of their dispute; they ask you, in whom they have great faith, to assume the role of mediator. Would you agree to "switch hats," and, if so, under what conditions? How dispute resolution professionals, commercial advocates and counsel, and business parties respond to these questions varies depending on circumstances, personal preferences, culture and legal tradition. While in China and some other countries mixed roles are broadly accepted, in countries like the U.S. lawyers, arbitrators and mediators tend to be skeptical about a neutral changing roles during the course of resolving disputes."
The full article "'Switching Hats': Developing International Practice Guidance for Single Neutral Med-Arb, Arb-Med, and Arb-Med-Arb," may be found in New York Dispute Resolution Lawyer magazine.