D6 – It Takes Two to Tango: The Increasing Popularity of Mediation and its Hybrid Processes in Domestic and International Disputes – Harold Coleman, Alexia Georgakopoulos, Rebecca Storrow (1.5 CME Credits Cultural Diversity)

This highly interactive presentation will begin by defining a shared description of hybrid dispute resolution processes compared to Florida Supreme Court certified mediation processes. In so doing, we will clearly identify both the ethical dangers of blending processes, as well as the potential benefits to savvy business users who may choose from the array of dispute resolution processes available. Combining mediation and another dispute resolution process should be done in a clear and transparent way, and only when parties fully understand the process they are selecting. We will examine the most common hybrid processes including Med-Arb, Arb-Med, Special Masters, Private Judging, Conciliation, ENE, etc. We will also explore the use of multiple processes such as Grievance Procedures, Collaborative Law, and Ombuds. Lastly, we will look at informal hybrid processes and ethical issues which can arise when there are no clear process guidelines and mutual understanding of the process. We will explore the cultural contexts from which hybrid dispute resolution emerged and how it fits with what we do in the United States, as well as in Florida. We will explore aspects such as the adaptability of our field, cultural fit of dispute resolution processes, and how the process and the problem have an interactive relationship.We will also highlight the obvious disadvantages and cautions in the use of hybrid. Finally, consider the future of hybrid models in our increasingly global communities. Three Sentence Description:It takes two to tango, but when we use hybrid dispute resolution processes, mediation dances to its own beat. This interactive presentation will create a shared description of hybrid dispute resolution processes compared to Florida Supreme Court certified mediation. In so doing, we will clearly identify both the ethical dangers of the casual blending of processes, as well as the potential benefits to savvy business or international users who wish to jointly and artfully choose from the array of dispute resolution processes available.