Annual Meeting 2023 | Panel 7

Mixed Mode Dispute Resolution Processes: Ethical Considerations 

Moderator:
Alexandre de Gramont, Dechert LLP, Partner

Panelists:
Steven Bierman, Bierman ADR LLC, Mediator and Arbitrator
Ellen Waldman, CPR Institute, Vice President, Advocacy & Educational Outreach
Steven Antunes, AEGIS, Senior Litigation Counsel

Program:
This panel explored ethical considerations associated with mixed mode processes, what to watch out for, and how neutrals, counsel, and parties may handle such issues.  As parties seek creative and effective ways to prevent, manage, and resolve disputes, they may consider the full range of tools in the ADR toolkit, not only standing alone, but also in concert, concurrently, or sequentially, known as mixed mode processes. These processes include not only traditional forms such as mediation and arbitration (or med-arb or arb-med-arb), but also innovative tools such as use of a Relationship Facilitator for Dispute Prevention and use of a Process Design Facilitator to assist the parties designing a bespoke dispute solution protocol.