Med-Arb at ACIAM
Introduction
The Asian Centre for International Arbitration and Mediation (ACIAM) offers Med-Arb as an innovative hybrid dispute resolution mechanism that combines the flexibility of mediation with the finality of arbitration. This process allows parties to first explore amicable settlement through mediation and, if unresolved, seamlessly transition to arbitration for a binding outcome—all under ACIAM’s institutional framework.
Why Med-Arb with ACIAM?
- Best of Both Worlds – Encourages collaborative settlement through mediation while guaranteeing enforceability through arbitration.
- Seamless Transition – ACIAM’s structure ensures disputes move smoothly from mediation to arbitration without delays.
- Efficiency & Cost Savings – Saves time and expense by consolidating proceedings within a single institution.
- Party Autonomy – Parties control the mediation phase and retain assurance of a binding resolution through arbitration.
- Party Autonomy – Parties control the mediation phase and retain assurance of a binding resolution through arbitration.
How Med-Arb Works at ACIAM
- Agreement – Parties include a Med-Arb clause in their contract or jointly agree to use Med-Arb after a dispute arises.
- Mediation Phase – A neutral mediator facilitates discussions to help parties reach a voluntary settlement.
- Settlement Agreement – If resolved, the terms are recorded in a settlement agreement enforceable under law.
- Arbitration Phase – If mediation does not yield settlement (in whole or in part), the dispute proceeds to arbitration.
- Award – The arbitrator issues a binding and enforceable arbitral award.
Arb-Med-Arb Option
For parties preferring more structure, ACIAM also offers Arb-Med-Arb
- Arbitration proceedings are initiated and paused for mediation.
- If mediation succeeds, the settlement is recorded as a consent award.
- If mediation fails, arbitration resumes and concludes with a binding award.
Institutional Support at ACIAM
- Expert Panel – A roster of accredited mediators and arbitrators with diverse expertise.
- Professional Secretariat – Ensures smooth administration and transition between processes.
- Technology-Enabled – Proceedings may be conducted physically, online, or in hybrid formats.
- Global Standards – Procedures aligned with international ADR best practices, ensuring recognition and enforceability worldwide.
Key Benefits of Med-Arb at a Glance
- Combines conciliation with enforceability
- Faster resolution with reduced costs
- Flexibility to adapt the process to parties’ needs
- Single institutional framework avoids duplication of effort
- Preserves relationships while providing closure.
