TY - JOUR
AU1 - Berger, Klaus Peter
AB - Integration of Mediation Elements into Arbitration 'Hybrid' Procedures and 'Intuitive' Mediation by International Arbitrators* by KLAU S PETE R BERGER** I. INTRODUCTION TH E SEARCH for options to integrate mediation and other ADR' elements into an arbitration requires a look at the particular nature and quality of the arbitral process. For more than a century, arbitration has been praised as a real alternative to dispute resolution before domestic courts due to its procedural flexibility and 'soupksse'. It is this flexibility which offers numerous opportunities to tailor the arbitral procedure according to the needs of each particular dispute. In doing so, the arbitrator develops into a 'procedural engineer'. At the same time, it is this particular quality of the arbitral process which serves as a starting point for the integration of mediation and other AD R techniques into the procedure. Th e relationship between arbitration and other ADR procedures is not free from doubt. While some consider arbitration a sub-species of ADR, others differentiate between dispute resolution before domestic courts, arbitration and ADR. At this point it is clear that asking whether an 'integration' is possible, in the sense of introducing AD R elements 'from outside' into an arbitration, could 
TI - Integration of Mediation Elements into Arbitration: ‘Hybrid’ Procedures and ‘Intuitive’ Mediation by International Arbitrators*
JF - Arbitration International
DO - 10.1093/arbitration/19.3.387
DA - 2003-09-01
UR - https://www.deepdyve.com/lp/oxford-university-press/integration-of-mediation-elements-into-arbitration-hybrid-procedures-InlAyPBZRN
SP - 387
EP - 403
VL - 19
IS - 3
DP - DeepDyve
ER -